RAMA AMIN SON OF JAGANNATHA POOJARY Vs. THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS D.M. DIVSIONAL OFFICE UDUPI, VISHNUPRAKASH BUILDING 2ND FLOOR, COURT ROAD, UDUPI UDUPI DISTRICT AND BHARATH SON OF MR. NATHU SUVARNA

JUDGEMENT

(1.) THESE app gals by the claimants and owner are directed against -the impugned common judgment and award dated 24th January 2007 passed in. MVC No. 787/2005 (in MFA No. 4865/2007 and MFA No. 10547/2008), and M.V.C. No. 780/2005 (in MFA No. 4864/2007 and MFA No. 11114/2007), by the file of the XVIII Addl. judge, Court of Small Causes, Member, MACT -4, Metropolitan Area, Bangalore, (SCCEI -4), (for short, 'Tribunal'). The first two appeals are filed by claimants seeking enhancement of compensation on the ground that, the compensation of Rs. 2,000/ - awarded in favour of the first claimant as against his claim for Rs. 1,08,5001 -, and Rs. 49,200/ - awarded in. favour of the Second claimant as against. his Claim for Rs. 316,500/ -, is inadequate. Whereas the third and fourth Appeals are filed by the owner of the offending vehicle, on the ground that the liability fastened on him is not just. and proper and hence the same is liable to be set aside. The occurrence of accident at about 8:00 P.M on 26 -01 -2005 near. Bhajana Mandir of Mattu, Padukere, and the resultant injuries sustained by the claimants are not in dispute.

(2.) ON account of the injuries sustained in the accident, the claimants filed their respective claim petitions under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation against the owner and insurer of the offending vehicle. The said claim petitions had come up for consideration before the Tribunal on 24th January 2007. The Tribunal, after considering the relevant material aya0.able on file aid after appreciation of the oral and documentary evidence, allowed the claim petitions in part, awarding a sum of Rs. 22.000/ - and Rs. 249,200/ - in favour of claimants respectively with interest at 6% per annum from the date of petition till the dale of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the claimants are in appeal before this Court, seeking enhancement of compensation and the owner is before this Court seeking to set aside the liability fastened on him.

(3.) I have heard learned Counsel, appearing for the claimants, learned counsel appearing for insurer and learned counsel appearing for the owner, for considerable length of time.