VENKATALAKSHMAMMA @ DHANALAKSHMI W/O MUNIRAJU Vs. M./S NATIONAL INSURANCE CO. LTD., BY ITS MANAGER NO. 86/80, 2ND FLOOR. AIR PORT ROAD, MARATHAHALLI BANGALORE - 37 AND JALLEPALLI VAMSEE MURALI S/ KRISHNA RAO NO. 593/C OR 81, ASHOK AVENUE K.R. GA

JUDGEMENT

(1.) THE appellant dissatisfied with the amount of compensation awarded by the Tribunal has filed this appeal seeking enhancement. The facts relevant for the purpose of this appeal are as under: It is on 21.07.2008 at about 7.30 p.m., when the appellant was crossing on left side of Bangalore -Bellary road, Hosur Gate, the motor cycle bearing Regn. No. DL 09 -SN 9753 driven in a rash and negligent manner came and hit the appellant and thereby she fell down and sustained fracture of inferior ramie of pelvis left, side and suffered grievous injuries. She was admitted to the hospital for treatment and incurred expenses, suffered disability and therefore, claimed compensation on all the heads.

(2.) THE petition was contested by the respondents. During the enquiry, the appellant was examined as P.W. 1, Doctor -P.W. 2 and in their evidence document at Exhs. P1 to P11 have been marked. No evidence was led by the respondents. The Tribunal after hearing the learned counsel for the parties and on appreciation of the material on record held the actionable negligence on the part of the rider of the motor cycle and considering the nature of fracture, disability suffered etc. granted compensation of Rs. 85,820/ with interest at 6% p.a. from the date of the petition till its payment. Dissatisfied with the amount of compensation, the present appeal has been filed.

(3.) THE points that arise for consideration is: i) Whether the appellant is entitled to the enhanced compensation?. If so to what extent?