APSAR SHARIEF, S/O. GHOUSE SHARIEF Vs. THE MANAGING DIRECTOR, K.S.R.T.C., K.H. ROAD, SHANTHINAGAR, BANGALORE-27

JUDGEMENT

(1.) THESE two appeals respectively by the Corporation and the claimant are directed against the same impugned judgment and award dated 15th September 2008, passed in M.V.C. No. 2690/2007, by the 14th Additional Judge. Court of Small Causes, Member, Motor Accident Claims Tribunal. Bangalore (SCCH -10), (for short, 'Tribunal'), awarding compensation of Rs. 3,75,450/ - to the claimant, as against his claim for Rs. 07.00 lakhs.

(2.) WHILE the Corporation has filed the appeal on the ground that the compensation awarded by Tribunal is excessive, exorbitant and is therefore liable to be reduced substantially, by modifying the impugned judgment and award passed by Tribunal, the claimant has filed the appeal on the ground that the compensation awarded is inadequate and needs enhancement.

(3.) ON account of the injuries sustained in the accident, the claimant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 7,00,000/ -against the Corporation. The said claim petition had come up for consideration before the Tribunal on 15th September, 2008. 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. 3,75,450/ - with interest at 8% per annum from the date of petition till the date of complete realization. Being aggrieved by the quantum of compensation awarded by the Tribunal, the claimant has filed the appeal, seeking enhancement of compensation, whereas the Corporation also has filed the appeal, seeking reduction of compensation on the ground that the compensation awarded is excessive and exorbitant.