LAWS(KAR)-2020-6-716

VEENA S. Vs. NEW INDIA ASSURANCE COMPANY LTD.

Decided On June 22, 2020
Veena S. Appellant
V/S
NEW INDIA ASSURANCE COMPANY LTD. Respondents

JUDGEMENT

(1.) Though this appeal is listed for admission, with consent of learned counsel on both sides, it is heard finally and disposed of by this judgment.

(2.) This appeal has been filed by the claimant, being aggrieved by the inadequate compensation awarded by the III Addl. District Judge and Motor Accident Claims Tribunal, Mysuru (hereinafter referred to as 'Claims Tribunal', for short) vide judgment and award dated 28.09.2015, in M.V.C.No.1127/2012 filed under Section 166 of the Motor Vehicles Act, 1988, (hereinafter referred to as 'the Act' for short).

(3.) Brief facts leading to filing of the above appeal are that on 28.12.2011, the claimant Smt. Veena, was proceeding towards Dhyuthi Motors on Hunsur Road and when she was about to cross the road a Hero-Honda Motorcycle bearing registration No. CMM-8830 belonging to respondent No.2 came from the opposite direction at a high speed and in a rash and negligent manner, so as to endanger human life and dashed against her. As a result of the impact, the claimant fell down and suffered multiple and grievous injuries and became unconscious. Immediately, she was shifted to Basappa Memorial Hospital, Mysuru and took treatment for about 45 days. She underwent major surgeries. Despite treatment she sustained permanent disability. Hence, she filed a claim petition claiming compensation of Rs.80,00,000/- on account of permanent disability suffered by her.