BHAVYA @ KAVYA Vs. BABU SHIVARAM MAHISHALE

JUDGEMENT

(1.) THESE two appeals respectively by the injured -claimant arid the Corporation are directed against the same common judgment and award dated 8th September, 2009, passed in MVC No. 388/2005, by the Presiding Officer, Fast Track Court -II, Motor Accident Claims Tribunal, Bangalore Rural District, Bangalore (for short, 'Tribunal'). While the injured -claimant has filed the appeal seeking enhancement of compensation on the ground that, the compensation of Rs. 1,19,600 awarded by Tribunal for the injuries sustained by her in the road traffic accident is on the lower side as against her claim for Rs. 22,00,000; the Corporation has filed the appeal seeking to set aside the liability fastened on it, on the ground that the accident occurred purely on account of negligent act on the part of the injured claimant.

(2.) THE facts in brief are that, the injured -claimant filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 12.45 a.m., on 27.5.2005, when the injured -claimant along with others had been to Dharwad to attend a Marriage of a relative and returning to Bangalore by Bus bearing Registration No. KA -23/F -194, near Satish Petrol Bunk on NH -4, Nelamangala, the driver of the said bus drove the same at a very high speed, in a rash and negligent manner and hit against a Lorry bearing Registration No. MP -09/KD -1975, that was parked on the left side of the road. Due to the impact, the injured -claimant sustained grievous injuries such as lacerated wound over left parietal region measuring 15 cms. x 18 cms. Swelling over the right wrist. As per Ex. P45 - Discharge Summary, the injured -claimant has sustained a globular swelling ever the posterior axillary fold which was non -tender, freely mobile, not fixed to underlying structures, etc. She also underwent an operation on her left temporo -parietal region. She was immediately shifted to General Hospital, Nelamangala and on the advice of the Doctor, she was shifted to M.S. Ramaiah Memorial Hospital. She also took treatment at NIMHANs Hospital, where he was in -patient for a period of eight days and was in -patient for one day at Rajmahal Vilas Hospital.

(3.) WE have gone through the grounds urged in the memorandum of appeal filed by both injured claimant and also the Corporation and also the impugned judgment and award passed by Tribunal and heard the learned Counsel appearing for the injured -claimant and the Corporation, for considerable length of time.