R. UMADEVI W/O. L. KRISHNAPPA AND K. BABU S/O. L. KRISHNAPPA Vs. THE NEW INDIA ASSURANCE CO. LTD., BY ITS MANAGER, NOW REPRESENTED BY ITS REGIONAL MANAGER AND MD. AREEF HUSSAIN S/O. MD. ABDUL HUSSAINA

JUDGEMENT

(1.) THESE two appeals arise out of the same impugned judgment and Award dated 30.3.2005 passed in MVC No. 4417/2003 on the file of Motor Accidents Claims Tribunal -V, Court of Small Causes, Bangalore City [hereinafter referred to as 'Tribunal' for short].

(2.) THE Tribunal by its impugned judgment and Award, awarded a sum of Rs. 22,08,016/ - with interest at 6% p.a. from the date of petition till the date of deposit on account of the death of one L. Krishnappa in a road traffic accident as against Rs. 60,00,000/ -claimed by the claimants. The Insurer has presented MFA 6596/2005/ contending that the quantum of compensation is dis -proportionate and is liable to be reduced substantially by modifying the impugned judgment and Award passed by the Tribunal. Whereas, the Claimants contending that, the quantum of compensation awarded is inadequate and it requires enhancement, have presented MFA. No. 8279/2005.

(3.) THE said claim petition had come up for consideration before the Tribunal. After assessing the oral and documentary evidence and other relevant material available on file, the Tribunal has allowed the petition in part, awarding a compensation of Rs. 22,08,016/ - with interest at 6% p.a. from the date of petition till the date of deposit. Being dis -satisfied with the quantum of compensation awarded by the Tribunal, the Insurer and the claimants both felt necessitated to present these two appeals.