GNANESHWARI Vs. BASAVARAJA REDDY

JUDGEMENT

(1.) Miscellaneous First Appeal No.22603 of 2011 has been preferred by the appellant-claimant and Miscellaneous First Appeal No.22491 of 2011 has been preferred by the insurer challenging the judgment and award dated 10.02.2011 passed by the Motor Accident Claims Tribunal-II, Bellary, in MVC No.573 of 2010.

(2.) Heard. MFA No.22491 OF 2011 is admitted and with the consent of the learned counsel appearing for the parties, both the cases are taken up for final disposal.

(3.) Brief facts of the case are that on 26.01.2010 at about 2.15 pm, the petitioner was proceeding by walk opposite to Nandagokul school, Club road, Bellary, to go to her house, at that time, one Bajaj Discover motorcycle bearing No.KA-34/V-7097 driven by its rider, came from behind and dashed to the petitioner. As a result of the same she fell down and sustained injuries. Immediately, she was shifted to the hospital. A criminal case was registered in Crime No.15 of 2010. It is the further contention of the petitioner that she was hale and healthy and was doing tailoring work and thereby she was earning Rs.8,000/- per month. For having suffered injuries and disability, she filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation.