JAYALAKSHMI Vs. JOSEPH.K.J

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act , for short) has been filed by the claimants seeking enhancement of the amount of compensation against the judgment dated 20.07.2019 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short) in MVC No.398/2018.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 17.03.2016, the claimant - Jayalakshmi was walking on the extreme left side of the road near Kenchegowda's land, Mysore-Manandavady Road. At that time, a car bearing registration No.KL-12-E-1934 (hereinafter referred to as 'the offending vehicle' for short) which was being driven by its driver in rash and negligent manner, dashed against the claimant who was walking by the side of the road. As a result of the aforesaid accident, the claimant sustained grievous injuries and was immediately given first aid at Government Hospital, HD Kote and thereafter was shifted to JSS Hospital, Mysore for further treatment where the claimant was an inpatient for 17.03.2016 to 23.03.2016, 31.03.2013 to 06.04.2016 and from 30.10.2017 to 02.11.2017.

(3.) The claimant thereupon filed a petition under Section 166 of the Act inter alia on the ground that the claimant was admitted to JSS Hospital, Mysore where she took treatment as inpatient for a period of 18 days. It is also pleaded that the claimant has spent huge amount towards medical expenses. It was also claimed that the claimant was earning Rs.20,000/- from working as an agriculturist and due to the impact of the accident, the claimant is unable to carry on with the work as before. It was also pleaded that the accident took place on account of the rash and negligent driving of the driver of the offending vehicle. The claimant claimed compensation to the tune of Rs.51,50,000/- along with interest.