SHARADAMMA Vs. THE UNITED INDIA INSURANCE CO. LTD. AND THE MANAGING DIRECTOR, BANGALORE METRO TRANSPORT CORPORATION

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award in MVC No. 7255/2009 dated 6.4.2011 on the file of the Motor Accident Claims Tribunal, Court of Small Causes, Bangalore, whereby the Tribunal has awarded total compensation of Rs. 1,45,200/ - with interest at 6% p.a. from the date of the petition till the date of deposit. Learned counsel for the appellant/claimant submits that the claimant had sustained grievous injuries in the accident. The doctor has opined that she had sustained 18% permanent disability to the whole body. However, the Tribunal has taken the permanent disability to the whole body at 10% without any reason. She was a coolie earning Rs. 150/ - per day. The tribunal has taken her income at Rs. 100/ - per day for the purpose of computation of loss of future earning capacity. It is argued that claimant has produced medical bills worth Rs. 27,869/ -. The Tribunal has only awarded the medical expenses in a sum of Rs. 30,000/ - including transportation and other incidental expenses. She was hospitalized for 14 days. She has taken follow up treatment for 4 months. The Tribunal has not awarded appropriate compensation towards conveyance, nourishment and loss of income during the treatment period and future medical expenses.

(2.) ON the other hand, learned advocate appearing for the respondent - insurance company has sought to justify the impugned judgment and award.

(3.) THERE is no dispute as to the occurrence of the accident and liability of the insurance company to pay the compensation. Having regard to the contentions urged, the only question for consideration is whether the award of compensation by the Tribunal is adequate?