MUNIYAMMA W/O THIMMAIAH Vs. PRATHAP S/O LAKSHMIKANTHA ALUR, HASSAN AND NATIONAL INSURANCE CO. LTD. NEW DELHI - BY ITS MANAGER NATIONAL INSURANCE CO. LTD. MANJUNATHA COMPLEX BUS STAND ROAD, HASSAN

JUDGEMENT

(1.) CLAIMANT is in appeal seeking enhancement of compensation as against the award passed by the Fast Track Court, Channarayapatna in MVC 39/2011 on 23.5.2011. Claimant sustained injuries in the accident on 18.5.2008 around 2.00 p.m. when she was walking on the left side of the road near Akkanahalli Cross due to the negligence of the driver of the car bearing No.KA 03 MG 8907. She was treated at Nuggehalli Hospital, at Government Hospital,Chamarajanagar and at Nagesh Hospital, Channarayapatna and spent Rs. 20,000/ - towards medical expenses. In the claim petition filed, Tribunal having held that the accident was due to the negligence on the part of the driver of the car in question, awarded compensation of Rs. 36,000/ - on the following heads:: <FRM>JUDGEMENT_2825_TLKAR0_2012.htm</FRM>

(2.) NOT satisfied with the quantum of compensation, this appeal.

(3.) AS per the wound certificate, claimant has suffered fracture of the procanta and the fracture is said to be malunited. Claimant was eking out her livelihood by weaving baskets and earning Rs. 6,000/ - p.m. As per the evidence of the doctor, she has suffered physical disability of 40% to the upper limb. Claimant was aged about 40 years as on the date of the accident.