DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD Vs. KEMPAIAH

JUDGEMENT

(1.) AS these two appeals are arising out of a common judgment and award of the Tribunal, they are heard together and disposed of finally by this common judgment.

(2.) IN a road traffic accident occurred on 10 -09 -2008, one K. Viji alias Manu died. His parents and younger sister filed a claim petition in MVC No. 1023/2009 before the MACT, Bangalore, seeking compensation under Section 166 of Motor Vehicles Act, from the owner and insurer of the offending vehicle. The Tribunal by impugned judgment and award awarded a sum of Rs. 3,66,000/ - with interest at 6% per annum and directed the owner and the insurer to pay the said amount jointly and severally. Aggrieved by the said judgment and award of the Tribunal, the insurer of offending vehicle has preferred MFA No. 2120/2011 challenging the award on the ground of liability, whereas, claimants have preferred MFA No. 8199/2011 seeking enhancement of compensation.

(3.) THE only points that arise for our consideration in these appeals are: