YASHODA @ YASHODAMMA, W/O. LAXMANA Vs. THE MANAGER, ICICI LOMBARD GENERAL INSURANCE CO., LTD., JINITH HOUSE, KESHAVARAO CAD MARGH, MAHALAXMI, MUMBAI-400034. REP. BY THE MANAGER, ICICI LOMBARD GENERAL INSURANCE CO., LTD., KRUTHIKA ARCHADE, HOLENA

JUDGEMENT

(1.) THIS appeal by the claimant -appellant is directed against the impugned judgment and award dated 10/04/2012 passed in MVC No. 328/2009 by the Principal Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Hassan, (for short Tribunal'), for enhancement of compensation, on the ground that the compensation awarded by the Tribunal is inadequate. The Tribunal by its judgment and award has awarded a sum of Rs. 75,000/ - under different heads with interest at 6% per annum from the date of petition till its deposit, as against the claim of the claimant for a sum of Rs. 3,00,000/ -, on account of the injuries sustained by the claimant, in the road traffic accident.

(2.) THE appellant claims to be aged about 38 years as on the date of the accident, she was hale and healthy prior to the accident and doing coolie. That on 10.8.2008 at about 1.15 p.m. while she was travelling in a Tata Sumo bearing No. KA. 13.M.5657 from Nitturu to Andale village and when they reached near H.K. Hosuru on Hassan -Belur Road, at that time, the driver of Scorpio car bearing No. KA. 03. MB. 8696 came in a rash and negligent manner by while overtaking the KSRTC bus, dashed against the Tata Sumo. Due to which, she sustained fracture of right leg and injuries on her left side of head, left leg and back and fracture of right shoulders. Immediately, she was shifted to S.C. Hospital, Hassan, for treatment, where, she has taken treatment as inpatient for one month and on account of the injuries sustained by her, she has suffered permanent disability and the Doctor has assessed the disability at 6% to the whole body. It is the further case of the appellant that she spent considerable amount towards medical expenses and other incidental charges. Therefore, she has filed a claim petition before the Tribunal under section );">166 of M.V. Act, claiming compensation against the respondents.

(3.) I have heard the Learned Counsel appearing for the appellant. After careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, it emerges that, the Tribunal after appreciating the oral and documentary evidence, taking into consideration the nature of injuries sustained by the appellant, the nature and duration of the treatment taken by her, the pain and agony suffered by her during that period, has awarded a sum of Rs. 20,000/ - towards pain and sufferings, Rs. 2,000/ - towards medical expenses, Rs. 34,560/ - towards loss of future earnings, Rs. 10,000/ - towards loss of amenities and enjoyment in life, Rs. 5,000/ - towards conveyance, nourishing food and attendant charges and Rs. 3,000/ - towards loss of income during the period of treatment, in all, Rs. 74,560/ - which is round off to Rs. 75,000/ -. The said compensation awarded by the Tribunal is just and proper and therefore, interference by this Court is not called for. Nor I find any justification or good grounds as such made out by the appellant to entertain the relief sought in this appeal. Hence, the appeal filed by the appellant is dismissed as devoid of merits. Ordered accordingly.