NEW INDIA ASSURANCE CO LTD Vs. KUMARI SUNITA

JUDGEMENT

(1.) THIS appeal and cross -objection are arising out of the judgment and award dated 26.03.2011 in MVC No.1121/2007 on the file of the Principal District and Sessions Judge and Motor Vehicles Accident Claims Tribunal, Dharwad.

(2.) BRIEF facts which gave rise to the appeal and cross -objection are as under: One Kumari. Sunita, working as a women Police Constable was standing at Kakti cross near City bus stop on highway at Belgaum. At that time, a goods lorry bearing registration No. KA -19/A -1437 came in a rash and negligent manner and dashed against her. She fell down and sustained grievous injuries for which she was treated in K.L.E. Hospital, Belgaum as an inpatient for a prolonged period of time. She spent substantial amount towards her treatment. She lost her income. Despite best treatment she suffered disability. She filed a claim petition under Section 166 M.V. Act. It was opposed by the insurer of the lorry involved in the accident. It came up for consideration before the Tribunal. The Tribunal on appreciation of the evidence recorded a finding that the accident and injuries sustained by the claimant were on account of rash and negligent driving of the lorry by its driver. The Tribunal taking into consideration the disability suffered by the claimant awarded total compensation of Rs.8,79,000/ - together with interest at 6% per annum from the date of petition till realisation.

(3.) AGGRIEVED by the quantum of compensation awarded by the Tribunal particularly under the head loss of future income on account of disability, the insurance company preferred M.F.A.No.23320/2011. Whereas the claimant preferred M.F.A.Crob.789/2012 for enhancement of compensation awarded by the Tribunal.