SUMATHI KARANTH Vs. S PRAKASH A

JUDGEMENT

(1.) THIS is a claimant's appeal for enhancement of compensation against the impugned common judgment and award dated 05/06/2012 passed in MVC No.4560/2010, by the XXI Additional Senior Civil Judge and Member, Court of Small Causes, Bangalore, (hereinafter referred to as 'Tribunal' for short).

(2.) THE Tribunal, by its common judgment and award, has awarded a sum of Rs. 5,91,664/ - under different heads with interest at 6% p.a., from the date of petition till the date of payment, as against the claim of Rs. 31,19,682/ -, on account of the injuries sustained by her in the road traffic accident.

(3.) IN brief, the facts of the case are: The appellant claims to be aged about 49 years and home maker and also looking after their business and hale and healthy prior to the accident. That on 21.3.2010 at about 5.30 p.m. the appellant along with family members were travelling in Maruthi Ritz Car bearing Reg.No.KA.05.MH.1029 from Bangalore to Kundapur via Shimoga and one Anoop Karanth was driving the car. When the said car came near Sakrebylu in Thirthahalli taluk, at that time, the driver of the lorry bearing Reg.No.KA.15.7677 came from opposite direction in a rash and negligent manner and dashed against the car. Due to which, the inmates of the car and the driver sustained grievous injuries. Immediately, they were shifted to Nanjappa Hospital, Shimoga for treatment, where the driver of the car and one Smt. Kaveramma succumbed to death and others were treated for the grievous injuries sustained by them. Thereafter, appellant was shifted to Manipal Hospital, where she took treatment as inpatient for 45 days on different dates, underwent surgeries, implants were inserted and thereafter, on the advise of the Doctor, she has taken bed rest and follow up treatment.