KUMARI LAXMI Vs. VIVEK GOEL K

JUDGEMENT

(1.) Having suffered 90% of disability, having suffered amputation from above the knee of left leg, having suffered amputation of right foot, at the young age of two years, having been granted a compensation of Rs. 16,50,000/- along with interest @ 6% per annum, from the date of filing of the petition till the date of realization, the minor child, Kum. Laxmi, has challenged the award dated 03.01.2014, passed by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru City, (SCCH-10).

(2.) Briefly the facts of the case are that on 14.08.2012, around 7:30 p.m., the appellant was walking on the correct side of Kudlu Main Road, in order to reach her father's shop located in front of Shubhalxmi Complex. Suddenly, an Eicher Canter, bearing registration No.KA- 01/AA-2238, being driven rashly and negligently dashed against the child. Consequently, the child fell down. The lorry ran over her legs. Immediately, she was rushed to the Sparsh Hospital at Bengaluru. During the course of her treatment, both the left leg, and the right foot were amputated, as mentioned above. Having recovered from her injuries, the appellant-child filed a claim petition through her father before the learned Tribunal. In order to establish her case, she examined three witnesses, and submitted twenty documents. On the other hand, the Insurance Company neither examined any witness, nor submitted any document. Subsequently, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal for enhancement.

(3.) Mr. T. Parameshwarappa, the learned counsel for the appellant, has raised the following contentions before this Court:-