LAWS(KAR)-2023-6-1014

PUTTASWAMY Vs. UMESH

Decided On June 19, 2023
PUTTASWAMY Appellant
V/S
UMESH Respondents

JUDGEMENT

(1.) The challenge in these Appeals is to the Common Judgment and award dtd. 7/6/2013 passed in MVC No.247 and 246 of 2010 by the Additional Senior Civil Judge and CJM and Motor Accident Claims Tribunal, Mandya (for short hereinafter referred to as the 'Tribunal').

(2.) Miscellaneous First Appeals No.281 of 2015 and 282 of 2015 are filed by the claimants seeking enhancement of compensation; Miscellaneous First Appeals No.2654 of 2014 and 2655 of 2014 are filed by the Insurance Company challenging the liability.

(3.) Learned Counsel for appellant/claimants submitted that the Tribunal has not properly awarded the compensation on all heads and the compensation awarded by the Tribunal is meager and not in accordance with law and hence sought for enhancement of compensation. Further, as regards liability of the Insurance Company is concerned, the learned counsel submitted that the Insurance Company has filed Miscellaneous First Appeals No.10907, 10908, 10909, 10910 and 10911 of 2012 and the same were disposed of by the Division Bench of this Court on 17/12/2014 and as against the said judgment, the Insurance Company has not preferred any appeal. The Division Bench of this Court has upheld the judgment passed by the Tribunal as to the liability of the Insurance Company and hence, he sought for dismissal of appeals preferred by the Insurance Company.