YAMUNAMMA Vs. S GOKULA KRISHNAN

JUDGEMENT

(1.) The claimant/injured is before this Court in appeal not being satisfied with the quantum of compensation awarded under the judgment and award dated 14.07.2010 in MVC No.5947/2009 on the file of the V Additional Judge, Court of Small Causes, Mayo Hall and MACT, Bangalore (hereinafter referred to as 'the Tribunal' for short).

(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 a road traffic accident. It is stated that on 15.07.2009, when the claimant was waiting for the bus on Bangalore-Kolar road, N.H.4, the rider of the motor cycle bearing registration No.KA-03/EZ-2611 came in a rash and negligent manner and dashed the claimant, due to which, the claimant fell down and sustained grievous injuries. It is stated that due to the accidental injuries, the claimant is not able to sit, stand, walk and squat on the floor and she is not in a position to earn as she was earning prior to the accident.

(3.) The respondents No.1 and 2 appeared before the Tribunal and filed their independent objections. The second respondent /insurance company in their objections contended that the claimant has not suffered injuries in the alleged accident. The claimant in collusion with the owner of the offending vehicle has filed false complaint. Further it is stated that the claim made by the claimant is exorbitant and excessive.