ORIENTAL INSURANCE CO. LTD Vs. SAVITHRI HUDGE

JUDGEMENT

(1.) These two appeals respectively by the Insurer and the injured claimant are directed against the same judgment and award dated 17th June, 2010 passed in MVC No.4979/2008, by the III Additional Senior Civil Judge & Motor Accident Claims Tribunal, Bengaluru, (for short, Tribunal ).

(2.) While the Insurer has filed the appeal, on the ground that, the Tribunal is not justified in directing the Insurer to indemnify the award and liable to be set aside; the injured claimant has filed the appeal on the ground that the compensation awarded by Tribunal is on the lower side and needs to be enhanced; Thus, both have sought for modification of the impugned judgment and award passed by Tribunal.

(3.) The facts in brief are that, the injured claimant claims to be aged about 28 years, at the time of accident, working as Teacher in a Primary School, earning a sum of '6,000/- per month. She was hale and healthy prior to the accident. That at about 04:45 A.M, on 21-02-2008, when the injured claimant along with her husband was travelling in a hired Indica Taxi bearing Registration No.KA-05/TRA-2713, slowly and cautiously from Deccan Car Rentals and returning from Sandur to Bangalore on NH-4 at Batawadi, By-pass, Tumkur, at that time, the driver of the said Car drove the same at a high speed, in a rash and negligent manner, and dashed against the Lorry resulting in multiple injuries, viz. injury to the spinal cord i.e. cervical bone C-5 and 6, grade III listhesis of C-5 over C6 with fracture of anterior-inferior end plate of C-5, fracture of left lamina of C-5 retropusion of C-5 body and other injuries and has lost her sensation below trunk and also the movement of hands. Immediately she was shifted to BGS Global Hospital and District Hospital, Tumkur and other Hospitals.