SOWMYA NAIKY Vs. D. SURESH AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 27th March 2010, passed in MVC No. 953/2007, by the Presiding Officer, Fast Track Court -II, Additional Motor Accident Claims Tribunal -III, Shimoga, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 25,000/ - with interest @ 6% p.a. awarded in favour of the claimant as against her claim for Rs. 4,00,000/ -, is inadequate.

(2.) THE appellant claims to be aged about 46 years and working as Typist in Munisiff Court, Shivamogga and hale and healthy prior to the date of accident. That the occurrence of accident at about 10:30 A.M, on 05 -01 -2007, when the appellant was traveling in the autorickshaw bearing Registration No. KA -18/5167 to go to her duty in the office of the Civil Judge (Jr.Dvn), Shivamogga, near Jayanagar Police Station, on account of rash and negligent riding by the rider of Motor cycle bearing Registration No. KA -17/H -6662 is not in dispute. It is also not in dispute that the appellant has sustained grievous injuries and she was immediately shifted to Mc. Gann Hospital and thereafter shifted to Nanjappa Hospital, Shivamogga, where she took treatment as in -patient for five days.

(3.) ON account of the injuries sustained in the accident, the appellant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 4,00,000/ - against the respondents. The said claim petition had come up for consideration before the Tribunal on 27th March, 2010. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 25,000/ - under different heads, with interest at 6% per annum, from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.