SUKANYA S. RAO Vs. GURURAJA AND ORS.

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned judgment and award dated 27th September 2013 passed in MVC No. 832/2012 on the file of the I Additional Senior Civil Judge and Motor Accident Claims Tribunal -VII at Shivamogga, (hereinafter referred to as 'Tribunal' for short) seeking enhancement of compensation.

(2.) The Tribunal by its judgment and award, has awarded a sum of Rs. 3,42,000/ - 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 grievous injuries sustained by the appellant in the road traffic accident. The claimant has presented this appeal on the ground that the quantum of compensation awarded by the Tribunal is inadequate and requires enhancement.

(3.) The brief facts of the case on hand are that the appellant was aged about 53 years and hale and healthy prior to the accident. That on 22.04.2012 at about 12.20 p.m., when the appellant and her family members were proceeding to attend the marriage reception function of appellant's son Swaroop Chandra at Lakkibalalu, Megaravalli in a Force Trax bearing No. KA -15/7173, near Lakkunda Village on Thirthahalli - Agumbe Road, the 1st respondent drove the said Trax in high speed and in a rash and negligent manner and lost control over the vehicle and it ramped to the right side of the footpath and drainage of the road and toppled. Due to the impact, she sustained multiple abrasion on the left forearm, crush amputation of the left middle finger at middle phalanx and ring finger at terminal phalanx, nail bed injury on the left index finger with fracture on middle phalanx and left radial styloid fracture. On account of which she was admitted to the Hospital as inpatient for more than 28 days. She has also undergone surgery and she has examined the Doctor PW -2, who after clinical and medical examination assessed the disability of 39% to her left upper limb. Out of which, if 1/3rd is taken, it comes to 13% towards permanent disability to whole body. Further, it is the case of the claimant that she is a dynamic lady doing self -employment by running Garment business and also doing tailoring work. On account of the grievous injuries sustained, she is not in a position to do any work as earlier and she has lost her future prospects and she is suffering from pain and mental agony till today. PW -2 Doctor has stated that due to the injuries sustained by the appellant she has to take bed rest and for follow up treatment and she finds difficulty to lead her life throughout her future career and she requires reasonable amount towards future medical expenses and the disability is permanent in nature. Further, she was aged about 53 years and the appropriate multiplier applicable is 11. Further, it is her specific case that the Tribunal has erred in assessing reasonable income of the appellant and not awarded reasonable compensation on account of the grievous injuries sustained by her in the road traffic accident. Taking all these facts into consideration, she filed a claim petition under Sec. 166 of M.V. Act before the Tribunal claiming compensation against the respondents. The said claim petition had come up for consideration before the Tribunal. The Tribunal after hearing both sides and after appreciating the oral and documentary evidence available on record, has allowed the said claim petition in part and awarded a sum Rs. 3,42,000/ - with interest at 6% p.a., from the date of petition till its realisation. Being dissatisfied with the impugned judgment and award passed by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation.