LAWS(KAR)-2013-1-302

DEPUTY DIRECTOR, STATE MOTOR GARAGES Vs. VIJAYALAKSHMI GURURAJAN

Decided On January 07, 2013
DEPUTY DIRECTOR, STATE MOTOR GARAGES Appellant
V/S
VIJAYALAKSHMI GURURAJAN Respondents

JUDGEMENT

(1.) These appeals by the Deputy Director and the claimant are arising out of the same judgment and award dated 11/08/2008 passed in MVC No. 6540/2007 by the VII Additional Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal, Bangalore (SCCH- 3), (hereinafter referred to as ' Tribunal' for short).

(2.) The Tribunal by its judgment and award, has awarded a sum of Rs. 3,21,000/- with interest at 7.5% p.a., from the date of petition till payment as against the claim of the claimant for a sum of Rs. 22,00,000/-, on account of the injuries sustained by her in the road traffic accident.

(3.) The specific case of the Deputy Director is that, the claim petition filed by the claimant is not maintainable for mis joinder of necessary parties and that the quantum of compensation awarded by the Tribunal is on higher side and is liable to be reduced. Whereas, claimant has contended that, the quantum of compensation awarded by the Tribunal so far as it relates to injury pain and sufferings, loss of amenities, discomforts and unhappiness is inadequate and the Tribunal has erred in not awarding any compensation towards future medical expenses and therefore, it requires to be enhanced.