VANISHRI G. Vs. B.J. ASHOKA AND ORS.

JUDGEMENT

(1.) This appeal by the claimant is arising out of the impugned judgment and award dated 18.12.2012 passed in MVC No. 618/2012 on the file of the XI Addl. Judge & MACT, Court of Small Causes, Bangalore City (SCCH -12) (hereinafter referred to as 'Tribunal' for short).

(2.) By its judgment and award, the Tribunal has awarded a sum of Rs. 1,57,920/ - with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant, on account of the injuries sustained by her in the road traffic accident.

(3.) It is the case of the appellant that, she was aged about 23 years as on the date of accident, hale and healthy and working as teacher, earning Rs. 8,000/ - p.m. She has produced salary certificate at Ex. P22. On 11.4.2011 at about 5.00 p.m the appellant was traveling with others in a Mahendra van bearing No. KA -41 -M -4764 from Bangalore to Haven to visit a temple, near Chitradurga opposite to Balarama Reddy Damber -Crusher, NH -4. At that time, a lorry bearing No. KA -16 -A -9073 which was going in front of the car took a immediate right turn without signal, which was a no turn and dashed against the appellant's car. Due to which the appellant sustained fracture roof of the acetabulum medical column, posterior column and iliac bone involving (left) sacroiliac joint etc. The Mahendra van was also badly damaged. Immediately she was shifted to Chitradurga hospital and then to KIMS hospital, Bangalore where she was admitted as inpatient from 12.4.2011 to 12.5.2011. As per PW5, Dr. Somashekar after medical examination has assessed the disability at about 30% to the left hip and 15% to the whole body. Further case of the appellant is that, she has spent huge amount for treatment, conveyance, nourishing food and attendant charges. Therefore, she filed a claim petition under Sec. 166 of MV Act before the Tribunal claiming compensation against the respondents. The said claim petition had come up for consideration before the Tribunal. To substantiate his case, she examined herself as PW3, Dr. Somashekar as PW5 and Dr. Somashekar as PW6 and got marked documents as Exs.P1 to P34. Respondents got marked Ex. R1. The Tribunal after hearing both sides and after appreciating the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum of Rs. 1,57,920/ - as compensation under different heads with interest at 6% p.a., from the date of petition till its realisation. Being dissatisfied with the quantum of compensation awarded by the Tribunal, so far as it relates to pain and sufferings, medical and traveling expenses, attendance charges, etc. loss of future earning capacity and also disability on account of the injuries sustained in the road traffic accident, appellant has presented this appeal, seeking enhancement of compensation.