DEVAMMA W/O NAGAPPA Vs. SMT GIRIJAMMA W/O LATE M.N. THIPPESWAMY R/BEHIND CHURCH EXTENSION, CHITRADURGA AND DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD D O: I FLOOR, MELGIRI PLAZA OPP: JJM MEDICAL COLLEGE DAVANGERE

JUDGEMENT

(1.) THIS is a claimant's appeal against the award passed by the II Addl. District Judge / MACT III, Davangere in MVC 1147/2010 on 17.9.2011. On 18.5.2009, around 5.30 p.m. when the claimant was going to attend the marriage of her relative in the bus bearing No. KA 16 A 3945 from Konanur to Muttugadur, near Doddiginal Gate, due to tyre burst, the iron blade attached to the mudguard came in contact with the claimant as a result, she sustained severe injuries and was treated at C G Hospital, Davangere. In the claim petition, Tribunal having held that the injuries suffered was due to the negligence on the part of the driver of the bus in question, awarded total compensation of Rs. 1,24,700/ - on the following heads. <FRM>JUDGEMENT_2783_TLKAR0_2012.htm</FRM>

(2.) NOT satisfied with the compensation awarded, this appeal by the claimant.

(3.) CLAIMANT has suffered fracture of both the bones of left hand and was aged about 50 years at the time of accident. As per medical evidence, the disability suffered is 25% to the left upper limb. According to the appellant's counsel, claimant sustained cent per cent functional disability. However, Tribunal has taken it at 5% to award loss of future earnings.