LAWS(KAR)-2015-6-227

SHAILAJA PATEL Vs. AKMAL PASHA

Decided On June 12, 2015
Shailaja Patel Appellant
V/S
Akmal Pasha Respondents

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 19th February 2013, passed in MVC No. 249/2003, by the I Additional Senior Civil Judge and Motor Accident Claims Tribunal -V, Davangere, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs. 8,78,000/ -, awarded in her favour as against her claim for Rs. 50,00,000/ -, is inadequate.

(2.) THE appellant claims to be aged about 32 years and an entrepreneur and active participant in her business, earning substantial sum and hale and healthy prior to the date of accident. That at about 6:30 P.M., on 07 -08 -2000, near Gowrammanahalli Gate on NH -4, when the appellant along with others was proceeding from Davanagere towards Chitradurga in a Car bearing Registration No.KA -09/6266, the drive of the said Car drove the same at a high speed, in a rash and negligent manner so as to endanger human life. On account of the same, the appellant and others sustained grievous injuries and the appellant was taken to Davanagere Hospital and thereafter shifted to Manipal Hospital and later to Mallige Medical Center, Bangalore, where she was treated as in -patient for months together and she underwent major operations and due to impact, she is alleged to have lost her eye sight of one of her eyes.

(3.) IT is the case of the appellant that she has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, she has to be compensated adequately.