SNEHA D. Vs. RAMPURA ERAPPA

JUDGEMENT

(1.) Challenging judgment and award dtd. 1/1/2016 passed by M.A.C.T, Ballari (for short, 'tribunal') in MVC No.708/2013, this appeal is filed by claimant for enhancement of compensation.

(2.) Brief facts as stated are that in an accident that occurred on 13/8/2012 when a tempo Trax bearing registration no.KA-25/D-886 driven by its driver in a rash and negligent manner dashed against minor claimant, she sustained crush injuries to her right leg and ankle. Despite taking treatment, she did not recover fully and sustained physical disability and deformity. Claiming compensation for same, she filed claim petition under Sec. 166 of Motor Vehicles Act, 1988 (hereinafter referred to as ' M.V. Act ' for short) against driver, owner and insurer of offending vehicle.

(3.) Despite service of notice, driver and owner did not entered appearance. They were placed exparte. Only insurer contested claim by denying claim petition averments and contending that liability was subject to terms and conditions of policy. Age, occupation, income and disability sustained by claimant were disputed.