RATHNA GOVINDARAJU @ RATHNAMMA, W/O GOVINDARAJU Vs. THE ORIENTAL INSURANCE CO. LTD., DO XII, JAYALAKSHMI MANSIONS, DR. RAJKUMAR ROAD, 4TH BLOCK, RAJAJINAGAR, BANGALORE - 560 010, SHANKAREGOWDA S/O DODDEGOWDA, NARIHALLI, DIDAGA POST, HIRISAVE HOB

JUDGEMENT

(1.) AT the request of both counsels the matter is taken up for final disposal since the records are received. Aggrieved by the Judgment and award dated 28 -1 -2008 passed in MVC. No. 2697/2006 by the XVIII Additional Judge, Court of Small Causes, Metropolitan Area, Bangalore, the claimant has filed the present appeal seeking enhancement.

(2.) THE case of the claimant is that on 3 -3 -2006 at about 11.00 a.m. when she was the pillion rider and her brother was riding the motorcycle bearing No. KA 02 ER 6771, near Old Madras Road junction while waiting for the signal light, all of a sudden the driver of the goods tempo bearing No. KA 29 -3575 came in a high speed and in a rash and negligent manner from behind and hit the motorcycle, as a result she sustained grievous injuries. On a claim Petition being filed the Tribunal awarded compensation of Rs. 90,000/ along with interest at 6% per annum from the date of petition till the date of deposit. Seeking enhancement the present appeal is filed. The Tribunal while awarding compensation considered the evidence of the Doctor P.W. 2 with regard to the injury sustained. He has stated that the claimant has sustained fracture of both bones of lower and mid third junction of right leg and she was operated on 4 -3 -2006 by closed interlocking nail and screws and discharged on 8 -3 -2006 and that the claimant is having difficulty in discharging the duty and in attending to day today activities. The Doctor therefore held that there is 5% disability to the whole body in view of the injury sustained. Accordingly, a sum of Rs. 30,000/ - was awarded towards permanent disability. The claimant claims to be a housewife. By taking her income is Rs. 3,000/ - per month and her age 34 years she will be entitled to loss of earnings as follows: -

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