Judgment :-

H.L. Gokhale J.

Delay condoned. Leave granted.

2. This appeal by special leave seeks to challenge the judgment and order dated 1.2.2011 rendered by a Single Judge of the Karnataka High Court in MFA No.3356 of 2009 (MV), whereby the learned Single Judge modified the award rendered by the Motor Accident Claims Tribunal (“MACT” for short) Bangalore dated 7.2.2009 in M.V.C. No.7724 of 2007. The High Court by the impugned judgment and order has enhanced the compensation payable to the appellant for the accidental injury suffered by her, though not fully meeting her requirement, and hence this appeal by Special Leave.

Facts leading to this appeal are as follows:-

3. The appellant then aged about 36 years sustained grievous injuries on 11.9.2007 in a road accident which occurred at Mill Road Junction, Cottonpete Main Road, Bangalore. The appellant claims to be doing the business of selling saaris and on that date when she was proceeding on that road at about 3.30 pm, a motorcycle driven by the respondent no.1 bearing registration no.KA-02-ET-8786 came in a rash and negligent manner at a high speed and dashed against her. The appellant sustained grievous injuries and was admitted in Srinivasa Hospital, Bangalore where she was treated by Dr. Avinash s/o B. Parthosarthi, Orthopaedic Surgeon.

4. The appellant was treated for the following injuries:-

(i) Fracture of distal end of left radius (forearm bone)

(ii) Fracture of left neck of femur – (hip bone)

(iii) Abrasions over left elbow

The wound certificate issued by the doctor stated that injury no.1 and 2 above were grievous in nature.

5. As per the medical record the appellant had to be operated for ‘close reduction and annulated screw fixation of fractured neck of femur’. ‘Close reduction and B/E POP cast was applied for fractured lower end of left radius’. After the discharge from the hospital she continued to suffer pain in left forearm and left hip, and found difficulty in walking. She suffered for inability to stand with full weight in left lower limb, and needed crutches to walk. She could not squat and sit cross legged, had great difficulty in climbing stairs, and could not stand for longer duration.

6. The appellant filed the above referred motor accident claim petition bearing MVC No.7724 of 2007 and claimed the compensation of Rs.3,50,000/-. The respondent no.2-National Insurance Company with which the motorcycle was insured, filed its written statement and produced the insurance policy which showed that the motorcycle was insured with it on the date of the accident. Respondent no.1 did not file any written statement. The MACT framed two issues, firstly whether the appellant proved that she has sustained grievous injuries in the road accident on that date due to the rash and negligent act of the rider of the concerned motorcycle. The second issue framed was whether the appellant was entitled for compensation, and if so what amount and from whom. The appellant filed her evidence by affidavit and supported her claim with the affidavit of above referred Dr. Avinash dated 3.12.2008.

7. While deciding the first issue, the MACT considered the statement of the appellant in her affidavit about the occurrence of the accident. The Court noted the contents of the FIR, and the chargesheet filed in the Magistrate’s Court. The rider of the motorcycle did not file the written statement, nor did he step into the witness box. The Tribunal was therefore, constrained to draw the adverse inference that the respondent No. 1 was responsible for the accident, and that the accident was caused by his rash and negligent driving.

8. Turning to the issue no.2, the MACT considered the evidence produced by the appellant by way of her affidavit, as well as the evidence through the affidavit of Dr. Avinash (PW2) dated 3.12.2008. Dr. Avinash placed on record as to how the appellant was admitted to Srinivasa Hospital, and the treatment given to her. He pointed out that after her discharge from the hospital she