KALPANA Vs. SBI GENERAL INS. CO. LTD.

JUDGEMENT

(1.) Mfa No.2838/2016 has been flied by the claimant seeking enhancement of compensation, whereas, MFA No.3092/2016 has been filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short), being aggrieved, by the judgment dated 18.01.2016 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short) in M.V.C.No.3336/2014. Since, both these appeal are directed against the same judgment and arise from the same accident, they were heard analogously and are being decided by this common judgment.

(2.) Facts leading to filing of these appeals briefly stated are that on 09.07.2014, the claimant - Kalpana was riding a scooter bearing Registration No.KA-41-R-1588 near Coco Cola Factory, Kodigehalli Road. At that time, a lorry bearing registration No.KA-19-C-1725 which was being driven by its driver in rash and negligent manner, came from the hind side and dashed against the scooter which the claimant was riding. As a result of the aforesaid accident, the claimant sustained grievous injuries and was immediately shifted to Columbia Asia Hospital, Bangalore for treatment where the claimant was an inpatient for 28 days.

(3.) The claimant thereupon filed a petition under Section 166 of the Act inter alia on the ground that the claimant was admitted to Columbia Asia Hospital, Bangalore, where she took treatment as inpatient for a period of 28 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.80,000/- from working as a Senior Manager- Accounts at Pristine Organics Pvt. Ltd, Bangalore 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 lorry. The claimant claimed compensation to the tune of Rs.1,50,00,000/- along with interest.