VIDHYA SHREE Vs. S. UMESH NAYAK AND ORS.

JUDGEMENT

(1.) This appeal by the claimant is against the impugned judgment and award dated 19th January 2012 passed in MVC No. 607/2011 on the file of the Fast Track Court at Udupi, (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. 5,83,885/ - 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.) It is the case of the appellant/claimant as per the claim petition that she was aged about 9 years prosecuting her studies in 4th Standard, hale and healthy prior to the accident. Be that as it may, that on 18.12.2010 at about 1.00 p.m. the claimant along with her grandfather Parvatha Gowda Patila was walking on the mud road towards Udupi side from Bannanje. At that time, a Tempo bearing Registration No. KA -20/A -6938 driven by its driver came from Karavali By -pass towards Udupi side in a rash and negligent manner and dashed against the appellant. Due to the impact, she sustained lacerated wound over chin about 3.1 cms., multiple deep abrasions over left leg, delving injury to right leg extending from right knee to ankle with crushing of all the muscles, blood vessels and nerves, comminuted fracture both tibia and fibula right leg. There is amputation of right leg below the knee. On account of which, she has undergone treatment as inpatient in the Hospital. It is the case of the appellant that her parents have spent huge amount towards medical expenses, conveyance, nourishing food and attendant charges and she has examined the Doctor - PW -2 - Dr. Umesh Prabhu, who in turn after due clinical and medical examination assessed the disability to the extent of 75%. The Tribunal has taken the permanent disability to whole body as 70% and further it is the case of the appellant that she has suffered mental agony during the treatment period and also undergone surgery and the Doctor has advised her to take bed rest and follow -up treatment. She had lost one academic year and due to this she frustrated and has to endure through out her life. She requires some money towards her future medical expenses, viz. towards purchase of artificial limb. Due to the permanent disability, she has lost her marriage prospects and she must be compensated by awarding reasonable compensation towards disability, discomfort, etc. Taking all these aspects into consideration, she has filed a claim petition under Sec. 166 of M.V. Act before the Tribunal claiming compensation against the respondents - owner and insurer. The said claim petition had come up for consideration before the Tribunal. The Tribunal after hearing both sides and after due appreciation of the oral and documentary evidence available on record, has allowed the said claim petition in part and awarded a sum Rs. 5,83,885/ - 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 felt necessitated to file this appeal, seeking enhancement of compensation.