ICICI LOMBARD GENERAL INSURANCE CO LTD AND ORS Vs. JEETU D BORUAH S/O SUNIL D BORUAH; S N THANGAVELU S/O A M NATESAN AND ORS

JUDGEMENT

(1.) These two appeals are by the Insurer and the claimant against the impugned judgment and award dated 4th November, 2008 passed in MVC No.3300/2007 by the Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-4), (hereinafter referred to as ' Tribunal' for short). The Tribunal by its judgment and award has awarded a sum of Rs.6,50,000/- under different heads with interest at 6% per annum from the date of petition till the date of deposit on account of the injuries sustained by the claimant in a road traffic accident.

(2.) It is the case of the appellant/insurer that the Tribunal has erred in fixing the contributory negligence at 50% on the driver of the lorry and the same cannot be sustained and is liable to be reduced whereas the case of the claimant is that the compensation awarded by the Tribunal is inadequate and requires enhancement.

(3.) In brief, the facts of the case are: