JAYAKUMAR N.K. Vs. RAMEGOWDA

JUDGEMENT

(1.) OWNER of the offending vehicle and claimants have filed this appeal and cross objection calling in question judgment and award passed by MACT, Nagamangala in MVC No. 75/2006 dated 08.09.2008.

(2.) I have heard the arguments of Sri M.M. Swamy, learned Advocate appearing for appellant - owner, Sri D. Manmohan, learned Advocate appearing for claimant, Sri O. Mahesh, learned Advocate appearing for insurer. Perused the judgment and award in question as also records secured from the Tribunal.

(3.) SRI Manmohan, learned Advocate appearing for the claimant would not only support contention raised by Sri M.M. Swamy, but would also contend that insurer had failed to establish before Tribunal that accident in question had not occurred in the manner pleaded by the claimant. Hence, he prays for allowing cross objections fastening the liability on Insurer. He would elaborate his submission by contending that compensation awarded by Tribunal is abysmally on the lower side and as such, he prays for enhancement of compensation. He would draw the attention of Court to disability certificate issued by District Medical Board -Ex. P -4 which according to him would indicate that there is loss of vision and as such he prays for suitable enhancement of compensation.