SHIVAKUMAR Vs. DASARATH

JUDGEMENT

(1.) .

(2.) THIS is a claimant's appeal arising out of impugned judgment and award dated 21.6.2007 passed in M.V.C. No. 126 of 2004 on the file of the Fast Track Court-II and M.A.C.T. Bidar. The Tribunal, by its impugned judgment and award, awarded a sum of Rs. 1,16,250 with interest at the rate of 6 per cent as against Rs. 6,00,000 claimed, on account of the injuries sustained in road accident. The appellant herein, claiming that the quantum of compensation awarded by the Claims Tribunal is inadequate and requires enhancement, felt necessitated to present this appeal.

(3.) THE principal submission canvassed by the counsel for the appellant is that injustice is caused in not fixing the liability on the insurer of the two autorickshaws, which are involved in the accident as a matter of fact. This fact has been notified in the cause-title of the petition and it has been referred and there is neither any discussion nor finding recorded in waiving liability on the part of the insurer of autorickshaws which are insured with the respondent insurance company, respondent Nos. 2 and 4, respectively.