- (1.) This is a claimant's appeal against the impugned judgment and award dated 08/09/2009 passed in MVC No. 376/2005 by the Presiding Officer, Fast Track Court-II and Motor Accident Claims Tribunal, Bangalore Rural District, Bangalore, (for short 'Tribunal'), for enhancement of compensation, on the ground that, Rs. 88,700/- awarded by the Tribunal under different heads with interest at 6% p.a., from the date of petition till the date of deposit against the claim of Rs. 25,55,000/-, on account of the injuries sustained by her in the road traffic accident is inadequate and it requires to be enhanced.
(2.) In brief, the facts of the case are, that on 26.5.2005 the claimant along with her relatives has boarded the bus bearing Reg.No.KA.23.F.194 at Dharwad and while the bus was moving near Satish Petrol Bunk on NH4 Nelamangala at about 00.45 a.m. on 27.5.2005, the driver of the said bus drove the same in a rash and negligent manner and hit to a lorry bearing Reg.No.MP.09.KD.1975 which was parked on the left side of the road, due to which, she sustained injuries on her right forehead, fracture of bridge of nasal bone and injury on her leg. Immediately, she was shifted to Government Hospital, Nelamangala and then to M.S. Ramaiah Hospital, where she took treatment as inpatient for 6 days and she was discharged as there was shortage of accommodation in the hospital with advise to continue periodical and follow up treatment.
(3.) It is the further case of the appellant that she spent considerable amount towards medical and other expenses and other incidental charges and on account of the injuries sustained by her as referred above, she has suffered permanent disability. The Doctor has assessed the disability at 12.5% to the whole body. Therefore, appellant has filed a claim petition before the Tribunal , under section 166 of M.V. Act, claiming compensation against the respondents.;