MADHAVI Vs. SUBRAMANIAN

JUDGEMENT

(1.) The appellant is the petitioner in O.P(M.V). No. 490/2009 on the file of the Motor Accidents Claims Tribunal, Kalpetta. The above claim petition was filed under Section 166 of the Motor Vehicles Act claiming compensation for the personal injuries sustained to the appellant in a road traffic accident. (Hereinafter the parties are mentioned in accordance to their rank before the Tribunal)

(2.) The short facts are like this: - On 23.09.2003 at about 3.00 p.m., when the petitioner was travelling in a KSRTC Bus to Vythiri and when the Bus reached at Chellod Estate, another KSRTC bus bearing Registration No. KL-15-2651 came from the opposite direction hit the bus and as a result, she sustained serious injuries. She was taken to various hospitals on different dates. According to the petitioner, the accident occurred due to the rash and negligent driving of the bus by the 1st respondent. Second respondent is the owner of the offending vehicle. Therefore, they are jointly and severally liable to pay compensation.

(3.) To substantiate the case, Exhibits A1 to A8 were marked on the side of the petitioner and the petitioner herself was examined as PW1. After going through the evidence and documents, the Tribunal found that the appellant is entitled an amount of Rs.44,550/- (Rupees Forty Four Thousand Five Hundred and Fifty Only) as compensation with interest at the rate of 6% p.a., from the date of petition till realisation. Aggrieved by the quantum of compensation, this appeal is filed.