GOWARAMMA Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 1st April 2013, passed in MVC No.614/2012, by the 14th Additional Judge, Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru City (SCCH 10), (for short, 'Tribunal'), for enhancement of compensation on the ground that, the compensation of Rs.1,52,000/ with interest @ 6% p.a. awarded in favour of the claimant as against her claim for Rs.4,00,000/ , is inadequate.

(2.) THE appellant claims to be aged about 45 years and hale and healthy prior to the date of accident. That the occurrence of accident at about 6:00 P.M., on 28 03 2010, when the appellant along with her cousin daughter was pedestrian walking slowly and cautiously on the left side of the Mysore Road, near Ashwini Bar Opposite, while they were crossing the road in the direction of South to North, due to rash and negligent driving by the driver of Mahindra Bolero Jeep bearing Registration No.KA 02/G 982, is not in dispute. It is also not in dispute that the appellant has sustained severe injuries over her left femur and other parts of the body. Immediately, she was shifted to Hi Tech Hospital, Mysore Road, Bangalore by the public for treatment and then she was shifted to Sumathi Hospital on 30 03 2010, where she was treated as in patient. X ray revealed that the appellant sustained fracture of neck of left femur, abrasion injury over left elbow joint and abrasion over left forehead.

(3.) ON account of the injuries sustained in the accident, the appellant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs.4,00,000/ against the owner of the Mahindra Bolero Jeep. The said claim petition had come up for consideration before the Tribunal on 1st April, 2013. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs.1,52,000/ , with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has filed the appeal before this Court, seeking enhancement of compensation.