MADHURA SHEKAR Vs. S KUMAR, MAJOR

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed by the claimant challenging the Judgment and Award passed in MVC No.2592/2008 on the file of the Motor Accident Claims Tribunal-V, Court of Small Causes, Bengaluru City, questioning the quantum of compensation and also liability fastened on the insured.

(2.) The claimant has filed claim petition before the Tribunal under Section 166 of the M.V. Act, claiming compensation of Rs. 10,00,000/- for the injuries sustained by her in a road traffic accident which was occurred on 07.06.2007 at 4.40 p.m. when she was a pedestrian while crossing the ring road, near Mico Layout bus stop, going towards Viswabharathi Tutorials, at that time lorry bearing KA-19-B-6589 came in a rash and negligent manner and dashed against her. Immediately she was shifted to Sagar Appolo hospital and her great toe and 3 to 5th toes were amputated.

(3.) In pursuance of the notice issued by the Tribunal, respondents No.1 and 2 appeared through their counsel and respondent No.1 did not choose to file any written statement. Respondent No.2 filed written statement denying the averments made in the claim petition and further contended that the driver was not holding a valid driving licence to drive the vehicle involved in the accident.