NIRMALA DEVI Vs. RAJESH N. AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant -appellant is directed against the impugned judgment and award dated 05/11/2014, passed in MVC No. 6341/2013, by the Judge, Court of Small Causes and XXVI ACMM and Motor Accident Claims Tribunal, Bangalore (SCCH -09), (for short 'Tribunal'), for enhancement of compensation, on the ground that, the compensation of Rs. 25,000/ - awarded by the Tribunal under different heads as against the claim of Rs. 2,50,000/ -, on account of the injuries sustained by her in the road traffic accident, is inadequate.

(2.) THE appellant claims to be aged about 39 years as on the date of the accident and was hale and healthy prior to the accident. That on 31.8.2013 at about 9.30 a.m. the appellant was crossing M.S. Palya road near Gangamma Gudi, Bangalore, at that time, the rider of a motor bike bearing Reg. No. KA.04.ER.8839 came in a rash and negligent manner and dashed to her. Due to which, she sustained injuries. Immediately, she was hospitalized and taken treatment as an inpatient and thereafter, on the advise of the Doctor, she has taken bed rest and follow up treatment.

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part, awarding the global compensation of Rs. 25,000/ - with interest at 6% p.a., from the date of petition till realization. Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, for enhancement of compensation.