PREMA KAMATH Vs. K.P.SARASWATHI

JUDGEMENT

(1.) The petitioner in MVC No.835/2013 before the II Additional Senior civil Judge and AMACT -8, Shivamogga, is before this Court in appeal.

(2.) By the impugned judgment, the Tribunal has awarded a sum of Rs.52,000.00 with interest at 9% p.a. and directed the

(3.) rd and 4th respondents to deposit the same in the ratio of 80:20. 3. The factual matrix of the case are as below: It is the case of the petitioner that on 9/6/2012, the petitioner and her husband i.e., respondent No.4 before the Tribunal were moving on a Scooty bearing No.KA.14.EA/7970 and she was a pillion rider. At about 7.10 a.m. on Shivamogga- Sagar road, a Maruthi Omni car bearing No.KA.14.M/5536 came in high speed, in negligent manner and dashed against the scooty. As a result, petitioner and her husband fell down and sustained grievous injuries. Petitioner was taken to Nanjappa hospital, Shivamogga, where she took treatment as inpatient and thereafter, she was shifted to KMC Hospital Manipal where she took treatment as an inpatient and underwent surgery. But inspite of the medical treatment injuries are not cured and still she is taking treatment. It is further contended that, at the time of accident, petitioner was aged about 68 years and she has suffered disability and uncomforts and therefore, she is entitled for the compensation from the driver, owner and insurer of the offending vehicle. The petitioner has also arrayed her husband as respondent No.4 before the Tribunal.