N.K. Patil, J. - (1.) This appeal is filed by the claimant against the impugned common judgment and award dated 08.01.2014 passed in MVC No. 6190/2012 on the file of the XXII Additional Small Causes Judge & Member MACT, Court of Small Causes, Bangalore (hereinafter referred to as 'Tribunal' for brevity) awarding compensation of Rs. 4,59,948/ - with interest at 6% p.a. (excluding the interest on future medical expenses of Rs. 25,000/ -), on account of the injuries suffered in a road traffic accident.
(2.) The brief facts of the case are: "The appellant was aged about 27 years as on the date of the accident. She was working as helper in medical stores and earning Rs. 7,000/ - p.m. She was hale and healthy prior to the accident. Be that as it may, that on, 10/11.06.2012 at about 7.00 p.m., when the appellant along with another lady left Murthinayanapalli, Chittoor District (A.P.) to Bangalore in Maruthi Omni Vehicle bearing registration No. KA -41/M -5347, near Chunchadevanahalli Gate, NH -4 road i.e., Kolar - Bangalore road, the driver of the said vehicle drove the same in a rash and negligent manner, with high speed and dashed the road side ditch. Due to the impact, the appellant sustained grievous injuries. She was shifted to R.L. Jalappa Hospital, Kolar and after first aid treatment, she was shifted to Manipal Hospital, Bangalore and treated as an inpatient from 11.06.2012 to 27.06.2012. As per wound certificate Ex. P.16, she has sustained fracture of lower end of humerus left side, abrasion over the face and fore head, communited fracture of lower end of humerus, C2 type odontoid fracture and L2 - L3 wedge fracture. Injuries No. 1, 3, 4 and 5 are grievous in nature and injury No. 2 is simple in nature. She was treated as an inpatient for 13 days in the hospital on different occasions. She has examined the doctors - PW.4 and PW.5. They have assessed the disability at 15.4% to the whole body for humerus injury and 34.7% for spinal injury. She has taken bed rest for a period of three months as per the advise of the doctor and has undergone discomforts, unhappiness and has to suffer permanent disability throughout her life. She has suffered mental pain and agony during the treatment period. She has spent huge amount towards conveyance, nourishing food and attendant charges and medical expenses. On account of the injuries sustained, the appellant was constrained to file a claim petition under Sec. 166 of the M.V. Act before the Tribunal seeking reasonable compensation against the respondents. The Tribunal after assessing the oral and documentary evidence and other relevant material available on file allowed the claim petition in part, fixing liability jointly and severally on respondent Nos. 1 and 2, awarding compensation of Rs. 4,59,948/ - with interest at 6% p.a. (excluding the interest on future medical expenses of Rs. 25,000/ -), from the date of claim petition till the date of deposit. Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented the instant appeal seeking enhancement contending that the compensation awarded by the Tribunal and the rate of interest is inadequate."
(3.) We have heard the learned Counsel appearing for the appellant and learned Counsel appearing for the first respondent -Insurance Company.;