B S KAVITHA Vs. M A VENKATESH

JUDGEMENT

(1.) The claimant, being not satisfied with the quantum of compensation awarded under the judgment and award dated 28.08.2009 in MVC No.4061/2007 on the file of the MACT and Court of Small Causes, Bangalore City (hereinafter referred to as 'the Tribunal' for short) is before this Court, seeking enhancement of compensation.

(2.) The claimant/injured filed claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the injuries sustained by her in the road traffic accident that occurred on 07.06.2007. It is stated that on 07.06.2007 at about 8.45 a.m., when the petitioner was crossing the road, an auto rickshaw bearing Registration No.KA-05/D-9534 driven in a rash and negligent manner came and dashed against the petitioner and thereby caused accident. Due to the impact, the petitioner sustained grievous injuries. She claims that she was earning Rs.7,000/- p.m. as a teacher and she was also doing part-time job as Clerk in Kabeer & Co.

(3.) On issuance of notice, the insurance company appeared before the Tribunal and filed written statement denying the petition averments. It is denied that the accident occurred due to the negligence on the part of the driver of the auto rickshaw. It is also contended that the liability of insurance company will be subject to validity of the vehicle documents, valid driving licence and the insurance policy as on the date of accident.