LAKSHMAMMA Vs. H HALESH

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 30th April 2010 passed in MVC No.97/2010 by the District Judge, Fast Track Court-I, Additional Motor Accident Claims Tribunal-II, Shimoga, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs.57,000 /- with interest @ 6% p.a. awarded in favour of the claimant as against her claim for Rs.3,10,000/-, is inadequate.

(2.) THE appellant claims to be aged about 24 years, working as Assistant Teacher, earning salary of Rs.5,718/- per month and hale and healthy prior to the date of accident. That the occurrence of accident at about 4:30 P.M, on 30-07- 2004, when the appellant was proceeding in a motor cycle bearing No.KA-14/E-3749, as pillion rider along with one Shankara Murthy, towards Holehonnur side, near Danayakapura village, due to rash and negligent driving by the driver of Maruthi Omni bearing No.KA-15/M-2505, is not in dispute. It is also not in dispute that the appellant has sustained fracture of shaft right femur, fracture of transverse, process of L3 vertebra right and other injuries all over the body. Due to the said injuries sustained in the accident, she was shifted to Mc.Gann Hospital and later on shifted to KM.C. Hospital Manipal, where she was in-patient for a period fo twenty days.

(3.) THE learned counsel for appellant contends that the Tribunal is not justified in not awarding reasonable compensation towards conveyance, nourishing food and attendant charges and not awarded any compensation towards loss of income during treatment and follow-up treatment period. Therefore, he submits that reasonable compensation may be awarded under the said heads and the impugned judgment and award may be modified accordingly.