K SHANKARANARAYANA BHAT Vs. SWAMY AND ORS

JUDGEMENT

(1.) The claimant in MVC No. 276/2002 on the file of the Motor Accident Claims Tribunal at Channarayapatna has come up in this appeal challenging the judgment and award dated 30.12.2006, so far as it pertains to quantum of compensation and also fixing liability for payment of compensation only on the owner of the offending vehicle and exempting the liability of Insurance Company.

(2.) The brief facts leading to this appeal are as under:

(3.) The Tribunal clubbed both claim petitions, after completion of pleadings, common evidence was recorded. Based on the oral and documentary evidence available on record, the Tribunal proceeded to pass common Judgment and award compensation to the appellant herein in a sum of Rs.2,31,200.00 with interest at the rate of 6% per annum and further directed that the entire compensation should be paid by the second respondent before the Tribunal, who is the owner of the offending lorry. So far as the 3rd respondent Insurance Company is concerned, it was exempted from liability. Being aggrieved by the same, the appellant has presented this appeal seeking (i) enhancement of compensation and (ii) challenge the findings of the he Tribunal so far as exonerating the Insurance Company from its liability to pay the compensation.