DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD. SUJATHA COMPLEX, NEAR OLD BUS STAND, HUBLI, NOW REP. BY ITS REGIONAL MANAGER NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, SHUBHARAM COMPLEX 144, M.G. ROAD, BANGALORE- 560001 Vs. SANTOSH S/O. ANIL

JUDGEMENT

(1.) MFA .6659/07 is filed by the 'National Insurance Company Limited challenging the legality and correctness of the judgment and award passed by the III Addl. Civil Judge (Sr. Dn.) and Addl. MACT Dharwad dated 24.01.2007 in MVC No. 501/2004. MFA 3067/2007 is filed by the claimant seeking for enhancement of compensation. Therefore, these two appeals are heard together.

(2.) THE admitted facts in these two appeals are as hereunder: The claimant was aged about: 19 years. He was working as a Hamali under one Sanjeev S.Godke who was the owner of the goods auto bearing registration No. KA -25/A -7913, which has been insured with the appellant/insurance company. White discharging his duty as an employee under the 1st respondent, he has sustained grievous injuries which resulted in amputation of his right upper limb above knee and also other injuries. As a result of which, he is unable to discharge his duty as a labour. Therefore, he filed a claim petition under Section );">166 of the Motor Vehicles Act, The insurance company contended that the claim petition lodged by the claimant was not maintainable as he was required to file the petition before the Commissioner for Workmen's Compensation and the claim petition is not maintainable. The Tribunal considering the evidence let -in by the parties, came to the conclusion that the claimant is entitled for a total compensation of Rs. 7,57.600/ - with interest at 6% per annum. Being not satisfied, with the same, both claimant and insurance company have filed these two appeals.

(3.) PER contra, the learned counsel for the claimant contends that the claimant, has spent lakhs of rupees for his medical expenses as he is unable to spend anything, the tribunal is justified in awarding compensation. He further contends that the claimant is also entitled for enhancement of compensation as the compensation awarded by the Tribunal is inadequate.