KUMARI POOJA Vs. ALLABAKSHA AND ORS.

JUDGEMENT

(1.) THE appellant is the claimant in M.V.C. No. 1518/2010 on the file of the Prl. Senior Civil Judge & Additional Motor Accident Claims Tribunal, Gokak (hereinafter referred to as the 'Tribunal' for short). Being not satisfied with the quantum of compensation awarded by the Tribunal by its judgment and award dated 09.04.2012 passed in the aforesaid claim petition, the appellant has filed this appeal seeking enhancement of the compensation.

(2.) THE appellant/claimant, who is minor and represented by her father, filed the claim petition contending that on 12.04.2010 at about 6.00 p.m., while she was playing by the side of the road near Riddi -Siddhi factory near Gokak Falls, a motor cycle bearing registration No. KA -49/E -2733 driven by its rider in a rash and negligent manner dashed against her. Due to the said accident, she sustained grievous injuries. She was shifted to the Government Hospital, Belgaum, for the first -aid treatment and on the advice of the doctor, she was shifted to KLE Hospital, Belgaum, for better treatment. She underwent operations and took treatment as an inpatient for more than two months. She spent more than Rs. 2,50,000/ - for the treatment and has to undergo one more operation. As on the date of the accident, she was aged about 8 years. Due to the accident, the claimant has become permanently disabled and she is not able to move around without the help of others, she cannot speak or understand the things. Therefore, sought for compensation with interest at 18%.

(3.) ON the basis of the pleadings of the parties, the Tribunal framed necessary issues. In order to prove her case, father of the claimant was examined as P.W. 1, one Satish Babali as P.W. 2 and Dr. Rajesh Y. Shenoy as P.W. 3 and got marked the documents as Exs. P.1 to P.216. No oral evidence was let in on behalf of the respondents. However, copy of insurance policy came to be marked as Ex. R1.