SRINIVASAGOWDA Vs. SANNAMMA

JUDGEMENT

(1.) The owner and driver of the scooter involved in the accident have filed appeal in M.F.A. No. 1133/2003 praying to set aside the judgment and award made in M.V.C. No. 824/1998 dated 08.11.2002 or in the alternative to declare that the driver had valid driving licence as on the date of accident and to saddle the liability of the owner on the Insurance Company and direct the insurance company to pay the compensation to the claimants.

(2.) M.F.A. No. 5498/2003 is filed by the claimants in MVC No. 824/98 under Section 173(1) of the Motor Vehicles Act, 1988 for enhancement of compensation from Rs. 2,20,200/- to Rs.8,55,000/- and direct the Insurance Company to pay the entire compensation to the claimants, by modifying the judgment and award dated 8.11.2002 made in MVC No. 824/1998 on the file of Addl. Claims Tribunal/Civil judge (Senior Division), Srirangapatna,

(3.) Since these two appeals are directed against one and the same judgment and award made in MVC No. 824/1998 on the file of Claims Tribunal, heard common arguments and the appeals are disposed of by this common Judgment.