LAWS(KAR)-2017-10-182

KUM. RACHANA Vs. MANJUNATH AND OTHERS

Decided On October 09, 2017
Kum. Rachana Appellant
V/S
MANJUNATH AND OTHERS Respondents

JUDGEMENT

(1.) This claimant's appeal arises out of the judgment and award dated 26.06.2012 passed by the Principal District Judge and JMFC, Chikmagalur in MVC No. 59/2010. By the impugned Award, the Tribunal has granted compensation of Rs. 60,500/-.

(2.) On 14.09.2009, at 5.30 a.m., the appellant and her colleague A.M. Erappa, after attending Teachers' Selection Examination were returning from Gangavathi to Mudigere in Maruthi Car bearing No. KA-18/4435. When they were proceeding near Buntara Bhavana of Mugthihalli Village, due to rash and negligent driving by its driver, the car hit the road side tree and met with an accident. The appellant and her colleague suffered injuries in the, accident. Respondent No. 2 is the owner of the vehicle. Respondent No. 3 is the insurer of the offending vehicle.

(3.) The appellant and A.M. Erappa filed MVC No. 59/2010 and MVC No. 14/2010 respectively contending that the accident occurred due to rash and negligent driving of the car by the first respondent. They further contended that in the accident, they suffered injuries and consequent disability. The present appellant, in her petition namely MVC 59/2010 claimed compensation of Rs. 3.00 Lakhs.