GOWRAMMA. W/O MOTAIAH Vs. RAJESH S/O MUDDEGOWDA AND NATIONAL INSURANCE CO. LTD., REPRESENTED BY ITS MANAGER

JUDGEMENT

(1.) THIS appeal is by the claimant seeking for enhancement of compensation in respect of the personal injuries sustained by him in a motor accident that took place on 5.2.2006 at about 10.30 a.m. near Kempegowdanadoddi of Kanakapura Taluk involving the bus bearing Regn.No. KA -16 -A -6633, owned by the first respondent and insured with the second respondent at the relevant point of time. In the impugned accident she sustained severe injuries for which she took treatment in the hospital by spending huge money. Despite the same, she is not completely cured of her injuries, due to which she is unable to carry on her avocation which has resulted in loss of income to her. Accordingly, she sought for grant of compensation from the respondents.

(2.) , After service of notice, the first respondent -owner remained absent and hence, he was placed exparte. The second respondent insurer appeared and contested the claim of the claimant. They contended that the accident in question has not taken place due to the fault of the driver of the bus, on the other hand, it was due to the negligence of the claimant herself. They further contended that the driver of the offending bus did not possess valid and effective driving license to drive the bus in question at the time of accident in question as such there is breach of terms and conditions of the policy committed by the owner. They further denied all the averments made by the claimant in her claim petition and contended that they are not liable to pay any compensation and accordingly they prayed for dismissal of the petition as against them. On the basis of the above pleadings, the Tribunal framed in all four issues. The claimant in support of her case got herself examined as PW1 and the doctor who had treated her as PW2. She has produced in all 6 documents which came to be marked as exhibits P1 to P6. On behalf of the respondents, they did not choose to lead any oral evidence or got marked any documents in support of their case. The tribunal on considering the oral and documentary evidence on record placed before it held that the accident has occurred solely on account of the rash and negligent driving of the offending bus by its driver and accordingly, the claimant has established actionable negligence. Further, looking to the evidence of the claimant and the medical officer who has examined her and the documents placed on record, awarded total compensation of Rs. 51,835/ - with interest at 6% p.a. from the date of the petition till realisation and further saddled the liability of payment of compensation on the second respondent -insurer. The appellant -claimant being aggrieved by the quantum of compensation is in appeal before this Court.

(3.) PER contra, Learned Counsel appearing for the contesting -insurer supported the impugned judgment and award passed by the Tribunal.