RIYANA D SOUZA, D/O. CYPRIAN D SOUZA Vs. SAYYAD AITHAULA, S/O. ABDUL SATTAR, D. NO. 31, DARGA COMPOUND, JAYAMAHAL ROAD, BANGALORE AND THE NEW INDIA ASSURANCE CO., LTD., DIVISIONAL OFFICE, VIII, NO. 47, III FLOOR, GOPALA COMPLEX, BAZAR STREET, YE

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the common judgment and award dated 1st April 2006, passed in MVC No. 1260/2000, by the I Additional Civil Judge (Sr.Dn) and Member, Motor Accident Claims Tribunal -V, Mangalore, (for short, 'Tribunal'), on the ground that, the compensation of Rs. 20,000/ - with interest @ 6% p.a. awarded in favour of the appellant as against her claim for Rs. 10,00,000/ -, is inadequate. The appellant claims to be hale and healthy prior to the date of accident. That the occurrence of accident of the appellant at about 4:00 P.M., on 15 -06 -1999, near Belidavalaya galiya, Kunigal, due to rash and negligent driving by the driver of goods vehicle bearing Registration No. KA -13/788, is not in dispute. It is also not in dispute that the appellant has sustained swelling over left forehead, lacerated wound measuring 0.5 cms. over right angel of UPS and small abrasion on ulmar styloid area left wrist. Due to the injuries sustained in the accident, she was shifted to General Hospital, Kunigal, and thereafter shifted to St. John's medical college Hospital, Bangalore, where she was inpatient for nearly 13 days.

(2.) IT is her further case that, on account of the accident, she sustained swelling over left forehead, lacerated wound measuring 0.5 cms. over right angel of UPS and small abrasion on ulmar styloid area left wrist. Further, she has suffered disfigurement on account of losing one tooth and needed prolonged treatment of gums and incisors. For the said treatment, she has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, she has to be compensated reasonably.

(3.) WE have gone through the grounds urged in the memorandum of appeal and the impugned judgment and award passed by Tribunal and heard the learned counsel appearing for the appellant and the Insurer.