SUBHADRAMMA Vs. P. MUTHUSWAMY AND ANOTHER

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the Impugned judgment and award dated 3 -8 -2006 passed in MVC 1808/2005 on the file of Motor Accident Claims Tribunal IV Bangalore, City, The Tribunal awarded compensation of Rs. 1,24,120/ - with interest at 6% p.a. as against; the claim of Rs. 5,00,000/ - on account of the injuries sustained by the Appellant in a road traffic accident. Since the quantum of compensation awarded by the Tribunal is inadequate, the present appeal is filed seeking enhancement.

(2.) THE brief facts of the case are, on 27 -1 -2005 at 9.45 a.m. the appellant was travelling in KSRTC bus bearing No. KA -01 -F -7242 and when it was coming near Bhoomasandra in Anekal Taluk, a Tata 407 bearing No. KA -05 -B -3119 came in a rash and negligent manner with high speed and dashed against the bus. On account of the impact, the appellant sustained grievous injuries, She was admitted at St. Johns Hospital as in -patient and undergone a surgery. Thereafter she was admitted at St. Martha ™s Hospital and another surgery was done. It is the case of the appellant that she has spent. huge sums towards medical expenses, conveyance and attendant charges. She filed claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 5,00,000/ -. When the matter came up before the Tribunal, after considering the material on record, the Tribunal allowed the claim petition in part awarding a compensation of Rs. 1,24,120/ - with interest at, 8% p.m. Not being satisfied with the quantum of compensation awarded, the appellant has filed this appeal seeking enhancement of compensation.

(3.) PER contra, learned counsel for the insurer has contended that the impugned judgment and award is just and proper and compensation is awarded after due consideration of both oral and documentary evidence and, therefore, no interference is called for.