KASI KANIAMMAL ALIAS KASI KANI Vs. MUNIYAN

JUDGEMENT

(1.) The claimant is the Appellant in this appeal. The claimant is aggrieved by the grant of an award of Rs. 80,000/-granted by the court below in her favor as against Rs. 5,00,000/-claimed in the claim petition, for the injuries sustained by her in a road accident on 16.12.1999.

(2.) The facts which gave rise to the claim petition was that on 16.12.1999 when the claimant was traveling in the bus bearing Registration No. TN-01-N-0960 belonging to the Respondent/corporation, near Eppothum Vendran, the driver of the bus drove it in a rash and negligent manner with the result, the bus dashed against a stationary lorry bearing Registration No. TN-69 C-2217. Due to the impact, the claimant sustained fracture injuries in both her legs, buttocks and other multiple grievous injuries all over the body. Immediately after the accident, the claimant was admitted in Government Hospital, Tuticorin and subsequently, she was shifted to P.S.G. Hospital, Coimbatore for better treatment. At the time of accident, the claimant was aged 50 years, owner of a grocery shop and earning Rs. 4,000/-per month. Therefore, for the injuries sustained by her, she filed the claim petition claiming compensation of Rs. 5,00,000/-.

(3.) Before the court below, the claimant examined herself as PW1 and Dr. Rajasekar as PW2. Ex.P1 to P22 were marked on the side of the claimant. On behalf of the Respondents in the claim petition, the first Respondent herein namely Muniyan was examined as RW1, but no documents marked. The court below, upon consideration of the oral and documentary evidence, awarded a sum of Rs. 80,000/-as compensation for the injuries sustained by the claimant.