NEELU @ NILUFAR Vs. H.V. MANJUNATHA

JUDGEMENT

(1.) THIS appeal is by the claimant for enhancement of compensation against the award passed by the Presiding Officer, Fast Track Court -II, M.A.C.T., Shimoga in M.V.C. No. 103/2008 dated 21.6.2011.

(2.) ON 4.12.2007 at about 4.30 p.m., when the claimant was returning from school on the bicycle to her house along with her younger sister and when she was proceeding near Hosahalli on Shimoga -Thirthahalli road, Shimoga Taluk, the 2nd respondent who being the driver of the Tractor bearing Registration No. KA -14/T -8595 drove the same in a rash and negligent manner in with high speed in a reverse direction and dashed against the bicycle. Due to the impact, the claimant and her sister sustained injuries and the bicycle was also damaged. Thereafter, the claimant was taken to Mc Gann Hospital, Shimoga where she took the treatment as an inpatient for a period of 10 days and the parents of the claimants having spent Rs. 25,000/ -towards the medical expenses, filed the claim petition contending that the accident has occurred due to negligent driving of the driver of the tractor. Matter was contested by the insurer. Based on the same, the Tribunal framed four issues for consideration. After enquiry, the Tribunal held that the accident was due to the negligence on the part of the driver of the Tractor in question and awarded a sum of Rs. 31,200/ - along with interest @ 6% p.a. from the date of petition till the date of realization.

(3.) HEARD the learned counsel appearing for both the parties.