SMT SHIVAMMA – Appellant
Versus
SRI RAJESH D – Respondent
This appeal is at the instance of the claimant seeking
enhancement of compensation awarded by the judgment and
award dated 10.03.2011 passed in M.V.C No.3672/2010 by the
XVI Additional Judge, Motor Accident Claims Tribunal-III,
Bengaluru City (for short, hereinafter referred to as 'Tribunal').
The claim petition was filed on the allegation that
while the claimant was walking in front of H.P Petrol bunk,
Mallatahalli, Bengaluru on 06.03.2010 at about 9.00 a.m, a Tata
Indica Car bearing registration No.KA55 753 driven by its driver
in rash and negligent manner dashed against her. On account of
3
that, she suffered grievous injuries and she was taken to the
hospital.
3.
Before the MACT, respondent No.1, the owner of the
offending vehicle remained exparte and respondent No.2
insurance company contested the proceedings by filing the
written statement.
4.
During trial, the claimant examined herself as PW1
and an orthopedic surgeon was examined as PW2 and the
documents Exhibits P-1 to P-15 were marked. The respondents
did not examine any witness and no documents were marked
against them.
5.
After hearing and perusing the records, the learned
Tribunal allowed the claim petition in par
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