LAKSHMEDEVI, W/O RANGASWAMY Vs. UNITED INDIA INSURANCE CO. LTD., BY ITS DIVISIONAL MANAGER AND K.H. BASAVAPPA, S/O. HUCHAPPA OWNER OF TRACTOR-TRAILOR NO. KA-16/T-4778-80

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the common judgment and award dated 10.06.2010 passed In MVC No. 827/2008 by the II Additional Senior Civil Judge and Additional MACT, Chitradurga seeking for enhancement of compensation in respect of the injuries which she has sustained In a motor accident.

(2.) THE brief facts of the case are: The Appellant/claimant filed claim petition under Section 166 of M.V. Act before the Tribunal praying for grant of compensation, in respect of bodily injuries, which she sustained in the motor accident that took place on 31.12.2007 at about 5.00 p.m. while she was proceeding walking on the road near Kempaladevaru temple involving the tractor trailer tearing registration No. KA -16/T -4779 -80 owned by the first Respondent and insured with the second Respondent at the relevant point of time. In the impugned accident she sustained sever injuries for which she took treatment by spending huge money. Despite the same, she is not completely cured of the injuries, due to which she is unable to carry on her evocation as coolie worker, which has resulted in loss of income.

(3.) THE Tribunal, thereafter considering the oral and documentary evidence on record held that the accident in question has taken place cue to fault of the driver of the offending tractor trailer and as such the claimant has established actionable negligence. Further, the Tribunal looking to the evidence of the claimant wound certificate and discharge summary which are at Exs. P10 and 11 has awarded a global compensation of Rs. 8,000/ - with interest at 6% per annum, from the date of petition till realization. It farther saddled the liability of payment of compensation on the second Respondent -insurer to the claimant.