UNITED INDIA INSURANCE CO LTD Vs. HONNAMARADI HANUMAKKA

JUDGEMENT

(1.) THESE appeals respectively by the Insurer and the claimants are directed against the impugned judgment and award dated 25th May, 2005, passed in M.V.C. No. 1286/2002, by the I Additional Civil Judge (Sr. Dn.) and Additional Motor Accident Claims Tribunal, Chitradurga, (for short, 'Tribunal'), awarding compensation of a sum of ?3,18,000/- under different heads, with 6% interest per annum, from the date of petition till the date of realization.

(2.) WHILE the Insurer has filed the appeal, questioning the liability fastened on it, the claimants have filed the appeal seeking enhancement of compensation on the ground that, the compensation awarded is inadequate and needs enhancement.

(3.) ON account of the death of the deceased, the claimants filed the claim petition before, the Tribunal, seeking compensation of a sum of Rs. 09.70 lakhs against the Insurer and the owner of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 25th May, 2005. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of ?3,18,000/- under different heads, with 6% interest per annum, from the date of petition till the date of realisation. While so awarding the compensation, the Tribunal fastened the entire liability on the Insurer of the offending vehicle. Therefore, being aggrieved by that part of the judgment, the Insurer is in appeal seeking to set aside the same and being dissatisfied with the quantum of compensation awarded by the Tribunal, the claimants are in appeal before this Court, seeking enhancement of compensation.