K E BASAVARAJAPPA Vs. H CHANDRAPPA

JUDGEMENT

(1.) The appellant has filed MFA No. 1822/2010 seeking enhancement of the compensation for the injuries sustained in an accident, whereas the insurer has filed MFA No. 2846/2010 challenging the occurrence of the accident and the amount of compensation granted. The facts relevant for the purpose of these appeals are as under:

(2.) The insurer contested the claim after seeking leave of the Court under Section 170 of the Motor Vehicles Act. It denied the involvement of the offending vehicle in the accident, its liability and also the quantum of compensation claimed as highly exorbitant and arbitrary. During the enquiry, the petitioner was examined as P.W.1, a witness P.W.2 and in their evidence got marked the documents Exs.P-1 to P-12, whereas the respondents examined two witnesses, R.Ws.1 and 2 and got marked the documents Exs.R-1 to R-5. The Tribunal after hearing the counsel for the parties and on appreciation of the material on record, held actionable negligence on the part of the rider of the Motor Cycle and granted compensation of Rs. 41,000/- for pain, suffering and mental agony, Rs. 12,660/- for loss of amenities, Rs. 2,000/- as miscellaneous expenses, in all it granted a total sum of Rs. 55,660/- with interest at 6%. The petitioner has preferred appeal in MFA No. 1822/2010 seeking enhancement, whereas the insurer has filed MFA No. 2846/2010 challenging the involvement of the vehicle in the accident, liability and the compensation awarded.

(3.) I have heard the learned counsel for both the parties.