DEEPIKA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This appeal is filed by the claimant challenging the judgment and award dtd. 17/7/2015 passed by the I Additional District and Sessions Judge and MACT (hereinafter referred to as 'the Tribunal' for short) at Tumkur in MVC No.468/2013 whereby the Tribunal has granted compensation of Rs.1,66,500.00 with interest @ 8% p.a.

(2.) The brief facts of the case are that on 3/2/2013 at about 9.30 a.m., petitioner-claimant was proceeding in a two wheeler along with one Sujatha, pillion rider, when the motor bike reached National Highway-206 in front of New Extension Police Station, a bus bearing registration No.KA-42-F-433 driven by its driver in a rash and negligent manner, hit the two wheeler from the back side. As a result, motor bike fell down and claimant sustained grievous injuries. Immediately after the accident, claimant was shifted to Government Hospital, Tumakuru and later shifted to Aditya Hospital for treatment. After recovering from the injuries, she has filed a claim petition before the MACT, Tumkur in MVC No.468/2013. To establish her case, she examined herself as PW.1 and examined Dr. Thyagaraj as PW.2 and got marked eighty one documents. On the other hand, Corporation examined one witness as RW.1 and has not got marked any documents. On appreciation of oral and documentary evidence, the Tribunal has granted compensation of Rs.1,66,500.00 with interest @ 8% p.a. Being aggrieved by the same, the claimant has filed this appeal seeking enhancement of compensation.

(3.) Sri. Sunil K.N., learned counsel appearing for the appellant contended that at the time of the accident, claimant was aged about 25 years. She was working as a tailor and was earning Rs.12,000.00 per month. She has examined Dr. Thyagara as PW.2. In his testimony, he has deposed that claimant has suffered 10% disability to the whole body. The Tribunal has not granted compensation for loss of future earnings. Secondly, he has contended that due to the accident, claimant has suffered 10% whole body disability and the compensation awarded by the Tribunal for loss of amenities is on the lower side. Hence, he sought for enhancement of compensation.