P BHAGYA Vs. P. VIJAYA LAKSHMI PALANI

JUDGEMENT

(1.) Aggrieved by the award passed by the MACT and XXVI Addl. Chief Metropolitan Magistrate, (SCCH-9) Bengaluru, the claimants have preferred MFA No.7490/2015 and the second respondent-Insurer has preferred MFA No.7174/2015. For the purpose of convenience, the parties will be referred to according to their ranks before the trial Court.

(2.) 30/9/2013 at about 4.30 p.m. when the claimant was traveling on a Scooty bearing No.KA 04-EG-1416 near Weavers colony, Nakkalapalli via Hindupur the JCB-Crane bearing No.AP-02-AD-3826 hit the said Scooty and caused the accident. At the time of the accident respondent No.1 was the registered owner and respondent No.2 was the Insurer of JCB- Crane AP-02-AD-3826. In the accident the claimant suffered grievous injuries. She filed MVC No.4881/2014 before the MACT and XXVI ACMM (SCCH-9), Bengaluru claiming that due to the injuries suffered in the accident, she has suffered permanent physical disability. She claimed compensation of Rs.36,00,000.00.

(3.) The claimant contended that she was working as tailor earning Rs.27,000.00 to 30,000/- per month and due to the injuries suffered by her and consequent physical disability, she has lost her earning capacity. She also claimed the compensation towards pain and suffering, medical expenses loss of future amenities etc. Respondent No.1 did not contest the petition. Respondent No.2 Insurer alone contested the petition denying the occurrence of the accident, rashness and negligence on the part of the driver of the JCB Crane, injuries suffered by the claimant, her earning capacity and its liability to pay the compensation.