M R NARASIMHAIAH Vs. N M RAJPAL

JUDGEMENT

(1.) MFA No. 5713/2006 is filed by the claimant seeking enhancement of compensation awarded by the MACT., Bangalore dated 6.12.2005 in MVC No. 1414/2002. MFA No. 2369/2006 is filed by the Oriental Insurance Company Ltd. challenging the liability saddled on it by the tribunal. Therefore these two appeals are heard together.

(2.) Following facts are not in dispute in these appeals are:

(3.) It was contended by the claimant that the accident occurred on account of the rash and negligent driving of the lorry by its driver. But the Respondent contended that the accident did not occur on account of the rash and negligent driving of the driver of the lorry but it was on account of the claimant. Before the tribunal, claimant was examined as P.W. 1. He relied upon the evidence of P.W. 2 to 4. On behalf of the Respondent, two witnesses were examined as R.W. 1 and 2. Tribunal considering the evidence let in by the parties, held that the accident occurred on account of the contributory negligence of both the vehicles and the same was apportioned at the ratio of 50:50 and that a sum of Rs. 70,800/- was awarded as compensation payable by the Respondents. This order is called in question in this appeal by the claimant seeking enhancement. Respondents have also filed separate appeal contending that since the accident occurred on account of the rash and negligent driving of the claimant, he is not entitled to maintain a claim petition.