LAWS(KAR)-2011-11-68

MEENAKSHI, D/O. DURGA MURTHY Vs. THE MANAGING DIRECTOR B.M.T.C. DEPOT, K.H. ROAD, SHANTHINAGAR, BANGALORE-27 (R.C. OWNER OF B.M.T.C. BUS BEARING REGISTERED NO. KA-01, FA-275) AND UNITED INDIA INSURANCE COMPANY LIMITED, CHICKPET BRANCH. LAKSHMI C

Decided On November 03, 2011
Meenakshi, D/O. Durga Murthy Appellant
V/S
Managing Director B.M.T.C. Depot, K.H. Road, Shanthinagar, Bangalore Respondents

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the common judgment and award dated lst March 2011, passed in M.V.C.No.402/2010, by the XIX Additional Small Cause Judge, Motor Accident Claims Tribunal, Bangalore, (for short, Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 10,000/ - with interest @ 8% p.a. awarded in favour of the claimant as against her claim for Rs. 8,00,000/ - , is inadequate.

(2.) THE appellant claims to be aged about 30 years and hale and healthy prior to the date of accident. That the occurrence of accident at about 6:10 A.M. on 26 -09 -2009, when the appellant was proceeding in an autorickshaw bearing No.KA -05/C -2748 along with flowers, near Bangalore Dairy Circle/junction, due to rash and negligent driving by the driver of a BMTC bus bearing No.KA -01/FA -275, is not in dispute it is also not in dispute that the appellant has sustained moderate head injury B/L oedema and was immediately admitted to Victoria Hospital, where she was in -patient for a period of three days.

(3.) THE Learned Counsel for appellant contends that the Tribunal is not justified in not awarding reasonable compensation and therefore, the impugned judgment and award may be modified accordingly.