KUM. VIDYA Vs. VITTALA, THE MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE CO., LTD., MR. HILAYEE AND THE MANAGER, ICICI LOMBARD GENERAL INSURANCE CO., LTD.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the common judgment and award dated 28th November 2012, passed in MVC No. 842/2009, by the Additional Senior Civil Judge, Motor Accident Claims Tribunal, Puttur, D.K., (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 51,200/ - with interest @ 6% p.a. awarded in favour of the claimant as against her claim for Rs. 2,00,000/ -, is inadequate. The appellant claims to be aged about 21 years and studying in Prasanna Education Trust and she has produced the Transfer Certificate issued by Prasanna College and marks Card of her B.A. degree examination at Exs. P32 and P33. She was hale and healthy prior to the date of accident. That the occurrence of accident at about 4:00 P.M., on 20 -03 -2009, when the appellant along with others was travelling in a Jeep bearing Registration No. KA -21/2838, near Forest Check Post in Uppinangady village of Puttur Taluk, due to rash and negligent driving by the driver of the said Jeep, is not in dispute. It is also not in dispute that the appellant has sustained grievous injuries to her scalp, forehead (L) hand and spine as well as all over her body. Due to the injuries sustained in the accident, she took treatment in Mahaveera Hospital from 20 -03 -2009 till 25 -03 -2009 for a period of six days and also in KMC Hospital, for plastic surgery from 03 -07 -2009 till 05 -07 -2009 for a period of three days.

(2.) IT is her further case that, on account of the accident, she sustained injuries stated above for the treatment of the said injuries, she has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, she has to be compensated reasonably.

(3.) I have gone through the grounds urged in the memorandum of appeal and the impugned judgment and award passed by. Tribunal and heard the learned counsel appearing for the appellant.