(1.) These two appeals are respectively filed by the Insurer and the injured claimant against the same judgment and award dated 20th March 2008, passed in MVC No.1058/2006, by the Principal Civil Judge (Sr.Dn), Additional Motor Accident Claims Tribunal, Udupi, (for short, 'Tribunal'), awarding compensation of Rs. 17,03,750/- in favour of the claimant as against his claim for Rs. 30,99,455/-.
(2.) While the Insurer has filed the appeal on the ground that the compensation awarded by Tribunal is disproportionate to the nature of injuries sustained by claimant and that the compensation awarded is excessive, exorbitant and needs to be substantially reduced; the claimant has filed the appeal on the ground that the compensation awarded by Tribunal towards conveyance, nourishing food and attendant charges, loss of future income, loss of amenities, discomfort and unhappiness and injury, pain and sufferings is on the lower side and needs to be enhanced. Further, Tribunal has failed to award any compensation towards future medical expenses/future attendant charges. Therefore, he submits that reasonable enhancement may be made under the said heads by modifying the impugned judgment and award passed by Tribunal.
(3.) The facts as stated in the claim petition in brief are that, the injured claimant claims to be aged about 42 years, at the time of accident, working as Trained Post Graduate Teacher in Little Rock Indian School, drawing salary of Rs. 14,000/- per month. He was hale and healthy prior to the accident. That at about 10:15 P.M, on 07-06-2006, when the injured claimant was riding his Motor Cycle bearing Registration No.KA- 20/L-3977 towards Udupi, near Kaup Panchayath, a Goods Lorry bearing Registration No.KA-31/3110, driven by its driver in a rash and negligent manner, overtaking a Tractor came towards extreme right side of the road and dashed against the Motor cycle. As a result, the injured claimant fell down and sustained grievous injuries. Immediately, he was shifted to the Hospital, where he took treatment as in-patient.