LAWS(KAR)-2011-11-38

LAKSHMAMMA Vs. ISMAIL SHARIFF

Decided On November 18, 2011
LAKSHMAMMA Appellant
V/S
ISMAIL SHARIFF Respondents

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 17th September 2007, passed in M.V.C.No.1281/2004, by the Principal Civil Judge(Sr.Dn) and JMFC, Srirangapatna, (for short, Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 6,23,600/- with interest @ 6% p.a. awarded in favour of the claimant as against her claim for Rs. 10,55,000/- , is inadequate. The appellant claims to be aged about 26 years and was hale and healthy prior to the date of accident. That at about 4:30 P.M., on 17-04-2004, when the appellant was travelling in a Maxi cab bearing No.KA-12/2508 from Srirangapatna to K. Bettahalli, near PSSK Sugar Factory, Pandavapura, the said maxi cab while it was proceeding in the rash and negligent manner, turtled down on the left side of the road. Due to the impact, the appellant has sustained fracture of superior and inferior public rami and dislocation of right hip joint and fracture of left clavicle bone and cerebral contusion and was immediately taken to JSS Hospital, Mysore where she was treated as in-patient as well as out patient.

(2.) It is her further case that, on account of the accident, she has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, she has to be compensated reasonably.

(3.) On account of the injuries sustained in the accident, the appellant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 10,55,000/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 17th September, 2007. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 6,23,600/- under different heads, with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.