GULNAZ Vs. NAZREEN IDRIS

JUDGEMENT

(1.) Appellant is the claimant being not satisfied with the quantum of compensation awarded in the judgment and award dated 19th December 2007 made in MVC No.7812/2005 passed by the Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as "the Tribunal" for short) filed this appeal seeking enhancement of compensation.

(2.) The appellant filed a claim petition contending that on 20-03-2005 at about 3.30 p.m., while she was proceeding in an auto rickshaw bearing Registration No.KA-04/8663 as a passenger from Queens road to J.C.Road, the driver of the car bearing Registration No.KA-05/MB-600 drove the same in a rash and negligent manner and dashed against the auto rickshaw near Thimmaiah Road Junction. Due to that the claimant sustained grievous injuries all over the body. Immediately after the accident, she was shifted to Shifaa hospital. In the accident, she has sustained fracture of lower end of left humerus bone, degloving injury on the left arm and forearm. Thereafter she took treatment as inpatient in the Victoria Hospital for a period of 10 days. In view of the injuries she has sustained, she has become permanently disabled to do the work which she was doing prior to the accident. Hence, sought for compensation of Rs.5,00,000/-.

(3.) Though the first respondent was served with notice, he remained unrepresented. The second respondent-insurance company filed written statement denying the entire averments made in the claim petition and also contended that they have not issued any insurance policy to the offending car. The insurance company is not responsible for the accident caused due to the negligence on the part of driver of the car and the insurance policy is subject to fulfillment of certain terms and conditions. The driver of the auto rickshaw must prove that he was in possession of valid and effective driving license, RC and FC and sought for dismissal of the claim petition as against the insurance company.