NIRMALA. D. W/O L.S. PATIL Vs. VIJAYAKUMAR H S/O HENUMAHTHAIAH AND THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) THIS is a claimant's appeal. The appellant sustained injuries in Motor Vehicle accident on 9.1.2007. She took treatment in the hospital. Having noticed the loss caused, both under pecuniary and non non -pecuniary heads, she filed a claim petition under Section 166 of Motor Vehicle Act 1988, against the respondents claiming a compensation of Rs. 5,75,000/ -. Said petition was contested by respondents. Based on the pleadings of the parties, tribunal framed 3 issues. Petitioner deposed as PW1. Dr. Kiran M.S. was examined as PW2. Exs. P1 to P12 were marked. Respondents produced the Insurance Policy which was marked by consent as Ex.R1. No other evidence was led by the respondents. Appreciating the evidence on record, tribunal held that, the accident has taken place on 9.1.2007 on account of actionable negligence on the part of the driver of auto rickshaw and that, claimant sustained injuries and she is entitled for compensation. It passed an award of Rs. 53,000/ -. Dissatisfied with the amount awarded and for awarding just compensation by re -assessing the evidence, she has preferred this appeal. Finding of Tribunal on Point No. 1 has attained finality. Respondents have accepted the award. There is no appeal or cross -objection by them.

(2.) I have heard learned Counsel on both the sides and perused the record.

(3.) IN view of the rival contentions and the record, the point for consideration is; Whether compensation awarded by the tribunal is just or any increase is called for?