SHUBHA C.N. Vs. THE ORIENTAL INSURANCE CO., LTD. D.O.VII, SHANKAR HOUSE AND RMV EXTENSION, MEKHRI CIRCLE BANGALORE - 560080 BY ITS MANAGER AND SRI. A. SUBRAMANYA S/O ANANTHAIAH, MAJOR R/A "SPANDANA", NO. 4, 1ST FLOOR, V.P. KATHA, NO. 132, AKASHN

JUDGEMENT

(1.) THIS appeal by the claimant is arising out of the impugned Judgment and award dated 19.06.2009 passed in MVC No. 9006/2007 on the file of the Motor Accident Claims Tribunal, XII Additional Judge, Court of Small Causes, Bangalore, (hereinafter referred to as Tribunal' for short). The Tribunal has awarded a sum of Rs. 1,20,000/ - with interest at 6% p.a., from the date of petition till the date of realization on account of the injuries sustained by her in the road traffic accident The quantum of compensation awarded by the Tribunal being inadequate and it requires enhancement, the appellant has presented this appeal.

(2.) IN brief, the facts of the case are: The appellant was aged about 23 years. She was hale and healthy prior to the date of accident She further contended that she has completed B.A. B.Ed. Course, and conducting tutorial classes, getting income of more than Rs. 10,000/ - per month. At about 6,45 p.m. on 21.11.2007 when she was travelling in TVS XL bearing No.KA -04 -EC -785 as a pillion rider near Kammannahalli junction, the rider of the bike suddenly applied brake, as a result of which, she fell down and sustained grievous injuries. On account of injuries sustained in road traffic accident, she was inpatient in the hospital for more than 18 days and also undergone one surgery. It is the further case of the appellant that she has spent considerable amount towards medical expenses, attendant charges and other incidental expenses. On account of grievous injuries sustained in the road traffic accident she is unable to lead her normal life and it has affected her marriage prospects and has to suffer the discomforts throughout her life. Taking all these aspects into consideration, she filed a claim petition under Section 166 of Motor Vehicles Act, claiming compensation of Rs. 8,00 lakhs on account of injuries sustained in road traffic accident On the ground that the compensation awarded by the Tribunal is insufficient and it requires enhancement the appellant has presented this appeal

(3.) AS against this, the learned counsel appearing for the first respondent Insurer, Sri M. Arun Ponnappa at the outset submitted that the impugned judgment and award passed by the Tribunal is just and proper and it is passed after due appreciation of oral and documentary evidence and other material on record. Therefore, it does not call for interference. However, after going through the original records and perusal of the judgment and award passed by Tribunal, he fairly submits that, reasonable amount, may be awarded towards loss of income during treatment period and towards loss of marriage prospects, in accordance with law.