DHULIPALA LAKSHMI Vs. V VENKATESWARA REDDY

JUDGEMENT

(1.) THE claimant - a Mathematics teacher and a mother of two young children aged 4 and 3 years respectively, preferred this Appeal under Section 173 of the motor Vehicles Act, 1988, not being satisfied with the quantum of compensation of Rs. 2,11,000/- awarded as against her claim of Rs. 6,00,000/ -.

(2.) THE Appellant got down from a city bus owned by the 1st respondent bearing registration No. TAY 5225, plying on route No. 15 of Guntur city, at about 4-00 pm on 19-08-1996, at Vidyanagar Centre. She was walking ahead of the bus stationery and while so, the bus driven rashly and negligently by it's driver, hit her from behind, as a result of which, she fell on to her right side. The left front and the rear wheels of the bus ran over her legs, causing bleeding injuries on her legs. When the shocked onlookers raised a hue and cry, did the errant driver realize his folly and bring the vehicle to a halt after it moved a further good distance away from the accident spot. The injured claimant-Appellant has been shifted to a hospital for receiving medical attention. She was, ultimately, admitted to a private nursing home, where one of the reputed orthopedic Surgeons in the city, by name, Dr. Lakshmana Swamy, treated her. She remained as an inpatient for 60 days and was, ultimately, discharged from the hospital on 18-10-1996. The Appellant laid a claim seeking compensation initially for a sum of Rs. 5,00,000/- and updated it to Rs. 6,00,000/- by soliciting an amendment, subsequently on the count of mitigating factor of pain and suffering for the injuries sustained. Towards loss of amenities, she claimed a sum of Rs. 40,000/- and a sum of Rs. 25,000/- towards loss of family life. She has also solicited compensation for a sum of Rs. 35,000/- under the head of loss of earnings. She has claimed medical expenses of Rs. 35,000/ -. She also laid a further claim towards medical expenses of Rs. 45,000/-, which she is liable to incur at the near future. She also claimed compensation of rs. 2,00,000/- for the permanent partial disability sustained by her due to the accident; and lastly, she solicited a sum of Rs. 1,00,000/- towards compensation for securing manual assistance by engaging a permanent cook.

(3.) THE 1st respondent remained ex parte and the 2nd respondent - insurance company had contested the claim. The 2nd respondent had admitted that the motor vehicle in question had been insured by it. It had disputed the accident and put the claimant to prove and establish it.