BASAWWA Vs. MAHIBUBSAB AND ANOTHER

JUDGEMENT

(1.) Appellant is the claimant being not satisfied with the quantum of compensation awarded in the judgment and award dated 30th April, 2011 made in MVC No. 81/2010 passed by the Senior Civil Judge and Member, Motor Accident Claims Tribunal, Basavana Bagewadi (hereinafter referred to as "the Tribunal" for short) has filed this appeal seeking for enhancement of compensation.

(2.) It is the case of the claimant that, on 31-10-2009 at about 12.00 p.m., the claimant along with her son was going in front of bus-stand to Market road near Ambedkar Circle, at Bilagi. At that time, a Tom Tom autorickshaw bearing registration No. KA-29/7598 driven by its driver in a rash and negligent manner came and dashed against the claimant, due to which, the claimant sustained grievous injuries. Initially she had tken treatment at Primary Health Center at Bilagi and thereafter, she took treatment in Kerudi Hospital at Bagalkot. In the accident, the claimant has sustained fracture and other injuries. Prior to the accident, she was working as a coolie and earning a sum of Rs. 6,000/- p.m. In view of the injuries she sustained in the accident, she cannot work as a coolie and sought for compensation of Rs. 7,10,000/-.

(3.) In pursuance of the notice issued by the Tribunal, the owner of the vehicle entered appearance and filed written statement contending that he is the owner of the Tom Tom autorickshaw and he denied the occurrence of the accident. He further contended that the compensation claimed is exorbitant and as on the date of the accident, the vehicle was insured with the second respondent. Hence, he sought for dismissal of the claim petition as against the owner of the vehicle.