K. RAMAMANI Vs. VENKATASHETTY

JUDGEMENT

(1.) THIS is a claimant's appeal against the impugned judgment and award dated 13/06/2011 passed in MVC No.400/2010, by the Presiding Officer, Fast Track Court-II and Member, Additional Motor Accident Claims Tribunal, Mysore, (for short 'Tribunal'), for enhancement of compensation, on the ground that, a sum of Rs.45,000/- awarded by the Tribunal under different heads with interest at 6% p.a., from the date of petition till its deposit as against the claim of Rs.18,10,000/-, on account of the injuries sustained by her in the road traffic accident is inadequate.

(2.) IN brief, the facts of the case are: The appellant claims to be aged about 34 years at the time of the accident. She was hale and healthy prior to the accident and working as Typist in Commercial Tax Department, Mysore. That at about 5.30 p.m., on 02.6.2007, when she was returning to her house from office on her Honda Activa vehicle bearing Reg.No. KA.09.EH.1204 on KRS Road and when she reached near Maharaja College gate, at that time, the rider of the TVS Scooty bearing No.KA.09.EG.8002 came in a rash and negligent manner and dashed against her vehicle. Due to which, she fell down and sustained comminuted fracture of both bones of left fore arm and other injuries. Immediately, she was admitted to BGS Apollo hospital, Mysore, where she took treatment as inpatient for one week, underwent surgery, implants were inserted and thereafter, on the advise of the Doctor, she has taken bed rest and follow up treatment.

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs.45,000/- as compensation under different heads with interest at 6% p.a., from the date of petition till its deposit.