LAWS(KAR)-2014-6-350

RATHNAVATHI, Vs. SIDDARAJU,

Decided On June 20, 2014
Rathnavathi, Appellant
V/S
Siddaraju, Respondents

JUDGEMENT

(1.) THIS is a claimant's appeal against the impugned judgment and award dated 02/05/2012 passed in MVC No.1650/2010 (old M.V.C. No.359/2008), by the VI Additional District Judge and Member, Motor Accident Claims Tribunal, Mysore, ( for short ' Tribunal'), for enhancement of compensation.

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs. 1,49,700/ - under different heads with interest at 6% p.a., from the date of petition till the date of realization as against the claim made by the appellant for a sum of Rs. 34,35,000/ -, 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 37 years at the time of the accident. She was hale and healthy prior to the accident. That at about 5.20 p.m., on 25.2.2008 the petition was proceeding Moped bearing Reg.No.KA.09.EA:4394 as pillion rider along with her husband who was riding the moped and when they came near Sub -urban KSRTC bus stand main gate on B.N.Road, Mysore, at that time the driver of the KSRTC bus bearing Reg.No.KA.09.F.3557, from Nanjangud in a rash and negligent manner and overtook the moped of the husband of the petitioner and touched left side body of KSRTC bus to right side body of the moped and as a result of the same, appellant who was a pillion rider fell down on the road and left rear side wheel of the bus ran over the left hand and as a result, she sustained crush injury on her left hand. Immediately, she was taken to K.R. Hospital, Mysore and she was admitted as inpatient there and she took treatment there and then she was shifted to B.M.Hospital, Mysore for further treatment and thereafter, on the advise of the Doctor she has taken bed rest and follow up treatment.