VANAJAKSHAMMA, W/O. G.K. CHANDRASHEKHARAPPA AND SRI. G.K. CHANDRASHEKHARAPPA, S/O. PATEL KARIBASAPPA Vs. S.B. GANGADHAR, S/O. SIDDALINGAPPA AND OTHERS

JUDGEMENT

(1.) THE appeal by the Insurer and the cross objection by the claimants/cross objectors are respectively directed against the same judgment and award dated 30th October 2007, passed in M.V.C. No. 45/2005, by the II Additional Civil Judge(Sr.Dn) and Motor Accident Claims Tribunal, Shimoga. (for short, 'Tribunal').

(2.) WHILE the Insurer has filed the appeal seeking reduction of compensation, on the ground that the quantum of compensation awarded by Tribunal is on the higher side, the claimants cross objectors have filed the cross objection, seeking enhancement of compensation on the ground that, the compensation of Rs. 3,40,000/ - awarded in their favour, as against their claim for Rs. 16.78 Lakhs, is inadequate and needs to be enhanced.

(3.) ON account of the untimely death of the deceased Sridhara in the road traffic accident, the claimants cross objectors filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 16.78 lakhs against the owners and the insurers of both the vehicles. The said claim petition had come up for consideration before the Tribunal on 13th December 2007. 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 Rs. 3,40,000/ - under different heads, with 6% interest per annum, from the date of petition till the date of deposit and directed the appellant Insurer to satisfy the award. Being aggrieved by the quantum of compensation, the Insurer is in appeal before this Court, seeking to reduce the same and the claimants have filed the cross objection, seeking enhancement of compensation.