SAVITRI Vs. KALKAYYA

JUDGEMENT

(1.) The claimant is before this Court in this appeal not being satisfied with the compensation granted and also on fastening the liability on the respondent No.1- Owner of the offending vehicle under judgment and award dated 31.01.2013 in MVC No.72/2012 passed by the Senior Civil Judge and Member MACT-IX, Basavana Bagewadi.

(2.) For the sake of convenience, parties to the appeal are referred to as per their rank before the Tribunal.

(3.) The claimant filed claim petition seeking compensation of Rs.11,93,000.00 for the injuries suffered by her under Sec. 166 of the Motor Vehicles Act. It is the case of the claimant that on 16.02.2012 when claimant was travelling in an Auto-rickshaw bearing Reg.No.KA.29/7636, at about 10.30 p.m. the driver of the said Auto-rickshaw driving it in slow and normal speed on the extreme left side of the road, at that time another Auto-rickshaw bearing Reg.No.KA.29/6988 came from opposite side being driven in high speed, rash and negligent manner and dashed to the Auto-rickshaw bearing Reg.No.KA.29/7636 in which the claimant was travelling. Due to the said accident, the claimant sustained grievous injuries. It is stated that the claimant was aged 28 years as on the date of the accident and she was earning Rs.6,000.00 per month. To substantiate the claim, claimant examined herself as P.W.1 and in support of her case got examined the doctor as P.W.2.