JAYARAM Vs. S. SHRUTHI AND ORS.

JUDGEMENT

(1.) APPELLANT is the owner of a goods auto. Being aggrieved by the judgment and award dated 17.8.2011 made in MVC No. 213/2008 by the Additional MACT, Mysore, fastening the liability on him to compensate the claimant, he has filed this appeal.

(2.) THE 1st respondent herein filed the claim petition contending that on 16.7.2007 at about 6.00 a.m., she was proceeding in her TVS Scooty Pep bearing Regn. No. KA -09/ED -2840 towards Chamundipuram from her house at K R Mohalla. When she reached near Mahadeshwara Temple, Narayana Sastry Road, a goods auto bearing Regn. No. KA -09/A 4465 came from opposite direction in a rash and negligent manner and dashed against the Scooty Pep of the claimant. Due to the said impact, she fell down and sustained grievous injuries. She was shifted to J.S.S. Hospital, Mysore for first aid treatment and thereafter she was shifted to BGS Apollo Hospital, Mysore and took treatment as inpatient for a period of 17 days. At the time of accident, she was aged about 21 years, studying in final year B.Com and also conducting tuition classes to the higher primary and high school students and earning a sum of Rs. 3,000/ - p.m. In view of that, she sought for compensation of Rs. 15,09,514/ - with interest at 12% p.a.

(3.) ON the basis of pleadings of the parties, the Tribunal framed necessary issues.