UNITED INDIA INSURANCE COMPANY LIMITED Vs. NAGENDRA

JUDGEMENT

(1.) MFA.No.8801/2018 is preferred by the Insurance Company whereas MFA.No.334/2020 is preferred by the petitioner challenging the judgment and award dtd. 13/7/2018 passed in ECA.No.11/2014 by the Senior Civil Judge and JMFC and Motor Accident Claims Tribunal, H.D.Kote (for short 'trial Court'). The appeal preferred by the Insurer is premised on the ground of perversity, arbitrariness and exorbitant amount of compensation awarded, whereas the appeal preferred by the petitioner is premised on the ground of wrong assessment of income and inadequacy of compensation.

(2.) Parties to the appeals shall be referred to as per their status before the trial Court.

(3.) Brief facts of the case is as under: Petitioner was an employee under respondent No.1, wherein he was working as a driver of jeep bearing registration No.KA-12-M-4781. On 1/5/2011, at about 9.30 p.m. when petitioner was driving the jeep as mentioned above along with another person from hand post of H.D.Kote Taluk towards Antharasanthe Village on Mysuru-Manandawadi Road, near Anagatti gate, on the left side of the road, a vehicle came from the opposite direction and dashed against the petitioner's jeep. Pursuant to the accident, the said unknown vehicle without stopping the vehicle, absconded from the spot whereby it is a hit and run case. Due to the impact of the said accident, petitioner and another occupant namely, Devaraju @ Devaiah sustained injuries. Petitioner sustained injuries on his face, left eye and other parts of the body, whereas the other occupant namely, Devaraju succumbed to the injuries at the spot itself.