H P JAGADISH Vs. H P SHIVAKUMAR

JUDGEMENT

(1.) In these two appeals, both the petitioner as well as the Insurance Company have challenged the judgment and award dated 13.08.2014 passed by the learned II Additional District and Sessions Judge and Additional MACT, Hassan ('the Tribunal for brevity) in M.V.C.No.1868/2012.

(2.) For the sake of convenience, the parties shall be referred to as per their status before the Tribunal.

(3.) Brief facts of the case are, on 22.04.2011 at about 10.30 p.m., the petitioner being the pillion rider in motor bike bearing No.KA-13/K-5388 ridden by his brother near Meridian Hotel met with an accident and sustained injuries. After taking treatment at Mangala Hospital, Hassan and Tejaswini Hospital, Mangalore, he has approached the Tribunal for grant of compensation of Rs.15 lakhs with 9% interest. Claim was opposed by the owner and Insurance Company of the motor bike. After taking the evidence, the Tribunal passed the impugned judgment awarding compensation of Rs.2,52,065/- with 6% interest to be paid by both owner and insurer of the motor cycle. Pleading inadequacy and seeking enhancement, the petitioner has filed M.F.A.No.7587/2014 whereas, challenging the liability, the Insurance Company has filed M.F.A.No.7412/2014 on various grounds.