UNITED INDIA INSURANCE COMPANY LTD Vs. SHARADA

JUDGEMENT

(1.) THIS appeal by the Insurer is directed against the impugned common judgment and award dated 31.01.2014 passed in MVC No.227/1999 on the file of the I Additional Senior Civil Judge, Bangalore Rural District, Bangalore, (hereinafter referred to as 'Tribunal' for short).

(2.) THE Tribunal by its impugned common judgment and award, awarded a sum of Rs.14,56,000/ - with interest at 6% p.a., from the date of the petition till the realization as against the claim made by the claimant on account of the injuries sustained by her in the road traffic accident.

(3.) IT is the case of the appellant/Insurer that the quantum of compensation awarded by the Tribunal is on the higher side and is liable to be reduced. Therefore, Insurer felt necessitated to present this appeal. In brief, the facts of the case are as under: Claimant was aged about 45 years and was hale and healthy at the time of the accident. She was a home maker prior to the accident. Be that as it may, she met with an accident on 21.03.1999, at about 8.30 p.m. while she was traveling in a Maruthi van bearing Registration No.CBK -4 -59 from Tumkur towards Nelamangala and near a dhaba, a matador van bearing Registration No.KA -01/TC -47, came from the opposite direction, driven by its driver, in a rash and negligent manner and dashed against the claimant and also dashed against another car bearing Registration No.CKW -2343, as a result of which, the inmates of the said car and the claimant sustained grievous injuries. On account of which, she underwent treatment in Nimhans Hospital and thereafter shifted to St.John's hospital. She was also taken to Manipal Hospital for better treatment. She has examined a doctor, who in turn on clinical and medical examination assessed the permanent disability at 78% to the whole body and she has spent reasonable amount towards medical, conveyance, nourishment and other incidental charges for few months. Even after discharge, she was under follow up treatment and bed rest as per the advice of the doctor. She was advised to undergo physiotherapy twice in a week for which she has to incur future medical expenses also. The claimant is unable to walk, stand, sit, squat on the floor and cannot lift or carry weight and suffering pain and put to deep mental agony. She is not able to continue her household work as she was doing earlier and she is in a vegetable condition.