ANU BHARADWAJ R @ ANUPAMA Vs. MUJJU

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimant being aggrieved by the judgment dated 08.12.2014 passed by the Motor Accident Claims Tribunal seeking enhancement of compensation.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 30.12.2009 the claimant was proceeding in Qualis Car bearing registration No.KA-05-C-3651 along with her friends. When the car reached near 2nd railway gate on NH-206 Road, Birur, Kadur Taluk, the car being ridden by its driver at a high speed and in a rash and negligent manner, while overtaking the Lorry bearing registration No.KA-09-9032 which was going ahead, dashed against the right hind portion of the Lorry. As a result of the aforesaid accident, the claimant and other inmates in the car sustained grievous injuries and were hospitalized.

(3.) The claimant filed a petition under Section 166 of the Act on the ground that she was working as an Advocate and was earning Rs.10,000/- p.m. It was pleaded that she also spent more than Rs.5,00,000/- towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent riding of the car driver. On service of notice, the respondent No.2 filed written statement in which the averments made in the petition were denied. It was pleaded that the petition itself is false and frivolous in the eye of law. It was further pleaded that the accident was due to the negligence of the claimant herself and the accident took place solely due to rash and negligent driving of the offending vehicle. The age and the medical expenses are denied. It was further pleaded that the quantum of compensation claimed by the claimant is exorbitant. Hence, he sought for dismissal of the petition. Notice to respondent No.1 is dispensed with.