LAWS(KAR)-2010-2-36

NATIONAL INSURANCE COMPANY LTD Vs. SHARANAYAA ALIAS SHARANABASAAYYA

Decided On February 18, 2010
NATIONAL INSURANCE CO. LTD. Appellant
V/S
SHARANAYAA ALIAS SHARANABASAAYYA Respondents

JUDGEMENT

(1.) This is an appeal filed by insurer and the cross-objector on account of the death of the deceased Anandayya @ Anand in a road traffic accident directed against the impugned judgment and award dated 31/03/2006 in MVC. No. 187/2004 on the file of Addl. MACT., Saundatti at Ramdurg. The Tribunal in its impugned judgment and award has awarded a sum of Rs. 8,85,000/- with 8% per annum. The compensation awarded is disproportionate and excessive and it requires reduction as contended by the insurer, whereas the cross-objector contended that the compensation awarded by the Tribunal is inadequate and it requires enhancement and hence this appeal and cross-objection.

(2.) The brief facts of the case are -

(3.) The said compensation awarded by the Tribunal is disproportionate and excessive and liable to be reduced as contended by the insurer, whereas the claimants contended that the compensation awarded by the Tribunal is insufficient and it requires enhancement. Being dissatisfied claimants have thought fit to file cross-objection seeking enhancement, the insurer and the claimant felt necessitated to file the present appeal and cross-objection.