NASEERA BANU, D/O. SHEIKH MUMTAZ Vs. SMT. B.P. JANAKI, W/O. K.P. RANGASWAMY, MAJOR, NO. 228, 3RD BLOCK, 4TH STAGE, 17TH C-CROSS, BASAVESHWARANAGAR, BANGALORE-79 AND THE REGIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, NO. 2-B, UN

JUDGEMENT

(1.) THOUGH the matter is listed for admission, with the consent of the counsel for both the parties, it is taken up for Final disposal. The appellant dissatisfied with the amount of compensation awarded by the Tribunal has tiled this appeal seeking enhancement.

(2.) IT is on 22.2.2008 at about 11.00 a.m. that the appellant was riding Bajaj Crystal Scooter bearing No. KA -51 K -7311 and when she was proceeding from West to East towards Double Road, a lorry bearing No. KA -13 -3848 came from the hind side driven in a rash and negligent manner and hit the appellant. Thereby, she fell down and sustained crush injury on her right arm and other injuries. She was shifted to KIMS Hospital for treatment, where she took treatment for about a month. She claims having suffered disability due to the injury sustained. Thereby, she made a claim of Rs. 20,00,000/ - towards the compensation for the injuries sustained. She examined herself as PW. 1 and a witness PW.2 and got marked the documents Exs. P. 1 to P. 18. The respondents did not examine any witness, but got marked Ex.R. 1 the copy of the Insurance Policy with consent. The Tribunal held actionable negligence on the part of the driver of the lorry and appreciating the material on record, granted compensation of Rs. 22,000/ - with interest at 6% p.a. Dissatisfied with the amount of compensation, the present appeal has been filed.

(3.) THE actionable negligence has not been challenged by the respondents. It is only the question of quantum of compensation that has to be considered by this Court.