DEEPTI D/O MANAPPA Vs. RAGHU KUMAR

JUDGEMENT

(1.) The claimant/injured is before this Court in appeal seeking enhancement of compensation awarded under the judgment and award dated 04.03.2010 in MVC No.244/2005 on the file of the I Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal, Shimoga (hereinafter referred to as 'the Tribunal' for short).

(2.) The claimant, aged about 17 years as on the date of accident, filed a claim petition represented by guardian her mother, under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the injuries suffered by her in a road traffic accident. It is stated that on 23.06.2004, when the injured was crossing the Koppa road, the rider of the bike bearing registration No.KA-14/Q-9519 came in a rash and negligent manner and dashed against the claimant and she fell down and sustained injuries. She was taken to Jayachamarajendra Government Hospital, Thirthahalli and given treatment and later shifted to KMC Hospital, Manipal, wherein she took treatment as inpatient for a period of 21 days. It is also stated that she could not attend to school for five months.

(3.) Respondent No.2/Insurer filed objection denying the petition averments. It is contended that there was no negligence on the part of the first respondent rider of the offending motorcycle. It is stated that the liability would be subject to the rider of the motorcycle holding valid driving license as on the date of accident.