LAWS(KAR)-2012-3-198

VIDYA SUJAY, W/O K.K. SUJAY KUMAR Vs. THE REGIONAL MANAGER THE NATIONAL INSURANCE COMPANY LTD. BANGALORE, REGIONAL OFFICE SUBHARAM COMPLEX, II FLOOR NO. 144, M.G. ROAD, BANGALORE - 560 001 AND SRI. K.K. SUJAY KUMAR, S/O K.L. KODANDARAMA SETTY, R

Decided On March 14, 2012
Vidya Sujay, W/O K.K. Sujay Kumar Appellant
V/S
The Regional Manager The National Insurance Company Ltd. Bangalore, Regional Office Subharam Complex, Ii Floor No. 144, M.G. Road, Bangalore - 560 001 And Sri. K.K. Sujay Kumar, S/O K.L. Kodandarama Setty, R Respondents

JUDGEMENT

(1.) AS these two appeals are arising out of a common judgment and award passed by the Tribunal, they are heard, admitted and with the consent of learned Counsel appealing for the parties they are taken up for final disposal. For the sake of convenience parties are referred to as they are referred to in the claim petitions before the Tribunal.

(2.) BRIEF facts of the case as pleaded in the claim petitions are: That on 01.04.2005, when claimants were travelling in a car bearing registration No. KA 02 Z 1318 near 3rd cross. Chandra Layout due to rash and negligent driving of said vehicle by its driver it dashed to an electric pole, as a result, claimants had sustained injuries. Hence, they tiled two separate claim petitions before the MACT. Bangalore, seeking compensation of Rs. 4,00,000/ - each. The Tribunal by impugned judgment and award has awarded compensation of Rs. 75,000/ and Rs. 2,12,000/ - respectively with interest at 6% p.a.

(3.) AFTER hearing the learned Counsel for the parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and proper, it is on the lower side and therefore it is deserved to be enhanced. In MFA 7525/2009 (MVC 2434/2008)