REVATHY S.SANAN Vs. SHINE S.

JUDGEMENT

(1.) This appeal is filed by the claim petitioner in O.P.(MV) No. 468 of 2014 on the file of the Motor Accident Claims Tribunal, Punalur.

(2.) According to the petitioner, on 11/11/2013, while she was driving a car through Kollam Schencottah road, the vehicle caused to hit against a compound wall on the side of the road and thereby, she sustained serious injuries. The petition was filed under Sec. 163-A of the Motor Vehicles Act, 1988 ('Act, 1988' for short) claiming a total compensation of Rs.12,00,000.00. The 1st respondent is the owner of the car and the 2nd respondent is the insurer.

(3.) Before the Tribunal, Exhibits A1 to A16 were marked from the side of the petitioner and Exhibit B1 marked from the side of the 2nd respondent. The Tribunal awarded a total compensation of Rs.1,55,435.00to the petitioner. The Tribunal calculated the compensation payable under different heads as per the structured formula in the Second Schedule of the Act, 1988. According to the appellant, the Tribunal has jurisdiction to deviate from the structured formula in appropriate cases and that the Tribunal ought to have accepted the medical bills for Rs.5,90,992.00 for fixing the compensation towards medical expenses and the Tribunal erred in fixing the compensation under the head 'medical expenses' at Rs.15,000.00 as per the Second Schedule of the Act, 1988.