M L VARIJA NALIGE Vs. K C KARMAN

JUDGEMENT

(1.) THIS appeal is filed by injured claimant who is a Bharathnatyam Dancer seeking enhancement of compensation by being aggrieved by the judgment and award passed in MVC No.877/1998 dated 12.6.2003 by MACT, Bangalore Rural District, Bangalore.

(2.) RELEVANT facts of the case are that on 05.03.1998 at about 10.00 p.m. the claimant along with the others was travelling in a Tata Sumo bearing Registration No.KA-09 M 4967 from Bangalore towards Mysore near Sangabasavanadoddi Cross when a Lorry bearing registration No. CAA 6727 came from the rear side driven in a rash and negligent manner and dashed against the Tata Sumo. As a result of the impact, the claimant and others sustained grievous injuries. She was shifted to Basappa Memorial Hospital, Mysore where she was admitted as an in-patient on account of fractures to the right ribs and her cheek and injury on right eye, amongst other grievous injuries. She was discharged from the hospital on 29.03.1998 and there after took further treatment. Contending that she had suffered permanent disability as a result of the injuries sustained in the accident, she filed a claim petition seeking compensation on various heads.

(3.) IN respect of her claim, the claimant examined herself as P.W- 1 and one Dr. Pundalika Herale as P.W-2 and got marked Ex.P1 to Ex.P200, while the respondent did not let in any evidence. On the basis of the above material on record, the Tribunal awarded compensation of Rs.4,42,500/- with interest at the rate of 6% per annum from the date of petition till the date of realization. Not being satisfied with the judgment and award, the claimant has preferred this appeal.