SUBBARAYAPPA, S/O. LINGAPPA Vs. NEW INDIA ASSURANCE CO., LTD., REP. BY ITS DIVISIONAL MANAGER, DO-II. UNITY BUILDING, 4TH FLOOR, TOWER BLOCK, J C ROAD, BANGALORE-2 AND K. SHASHIKUMAR, S/O. M. KRISHNAPPA, NAYANDA HALLI, PATERNA HALLI POST. CHIKKA

JUDGEMENT

(1.) THESE two appeals by the claimant and the Insurer are directed against The same judgment and award dated 17/08/2005 passed in MVC No. 179/2003 on the file of the 14th Additional Judge, Court of Small Causes and Member MACT, Metropolitan Area, Bangalore (SCCH -10). (hereinafter referred to as 'Tribunal' for short).

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs. 1,66,400/ - with interest at 6% p.a. from the date of petition till the date of deposit, on account of the injuries sustained by the claimant in the road traffic accident. Being aggrieved by the said judgment and award, the claimant has filed M.F.A.No. 1476/2006 contending that, the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement and the Insurer has filed M.F.A.No. 1538/2006 contending that, the liability fastened on it is not sustainable and is liable to be set aside on the ground that, owner of the offending vehicle has played fraud by manipulating the engine and chassis numbers, including the Registration number.

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part, awarding the compensation of Rs. 1,66,400/ - under different heads with interest at 6% p.a., from the date of petition till its deposit. Being aggrieved by the impugned judgment and award passed by the Tribunal, both the claimant and the Insurer have presented these appeals, seeking appropriate reliefs, as stated supra.