LAWS(KAR)-2011-1-223

BHAVANI R. THINGALAYA W/O RAVINDRA N. THINGALAYA Vs. SHREE DEV TRANSPORTS, THE ORIENTAL INSURANCE COMPANY LTD. REP. BY THE NEAREST DIVISIONAL OFFICE, V. LOGANATHAN S/O K.N. VENKATARAMNA AND THE ORIENTAL INSURANCE COMPANY LTD. REP. BY THE NEAREST

Decided On January 05, 2011
Bhavani R. Thingalaya W/O Ravindra N. Thingalaya Appellant
V/S
Shree Dev Transports, The Oriental Insurance Company Ltd. Rep. By The Nearest Divisional Office, V. Loganathan S/O K.N. Venkataramna And The Oriental Insurance Company Ltd. Rep. By The Nearest Respondents

JUDGEMENT

(1.) THIS is claimant's appeal seeking enhancement of compensation in respect of judgment and award in M.V.C. No. 857/2007 dated 30th May 2008 on the file of M.A.C.T., Udupi.

(2.) CLAIMANT suffered an injury in a road accident that occurred on 6.6.2007 at about 06:15 hours. It is alleged that she was traveling in a bus bearing registration No. KA -09/M -9469 from Udupi towards Yermal. When the bus reached near Pangala bridge on N.H.17 of Uligargoli village, on account of the rash and negligent driving of the bus by its driver, it collided with the another bus bearing No. KA -19/B -6156. as a result of which, the claimant suffered grievous injury and admitted to the hospital.

(3.) IT is found by the Tribunal that the claimant was aged 50 years and has suffered lacerated wound over right zeugmatic area; contusion over right knee; contusion nose and fracture nasal bones. Injury Nos. 1, 2 and 3 are simple in nature and injury No. 4 is grievous in nature. Considering these circumstances, the Tribunal has awarded Rs. 25,000/ - towards pain and suffering; Rs. 1,500/ - towards conveyance; Rs. 2,000/ -towards attendant and nourishing food; Rs. 5,600/ - towards medical expenses and Rs. 6,000/ - towards loss of income during treatment and Rs. 10,000/ towards loss of amenities.