NEW INDIA ASSURANCE CO LTD Vs. ASHA PRASAD

JUDGEMENT

(1.) These two appeals by the insurer and the claimants are directed against the same impugned judgment and award dated 20.6.2006 passed in M.V.C. No. 5451 of 2002 on the file of Eleventh Additional Judge, Court of Small Causes, Member, M.A.C.T., Metropolitan Area, Bangalore (SCCH No. 12) (hereinafter referred to as 'the Tribunal' for short).

(2.) The Tribunal by its impugned judgment and award has awarded Rs. 16,81,180 with interest at 6 per cent per annum from the date of the petition till realization, as against the claim of the claimants for a sum of Rs. 1,00,00,000 on account of the death of the deceased R.S. Prasad in the road accident.

(3.) The insurer claimed that though the Tribunal has discussed in the body of the judgment regarding contributory negligence on the part of the deceased at 25 per cent, it has awarded compensation to the claimants without deducting any amount towards contributory negligence on the part of the deceased. The insurer has further contended that the quantum of compensation awarded to the claimants is also on the higher side and has to be reduced substantially and hence, felt necessitated to file the appeal M.F.A. No. 10863 of 2006.