LAWS(KAR)-2014-3-438

SEVERINE D SOUZA Vs. G M MUSTAFA

Decided On March 12, 2014
Severine D Souza Appellant
V/S
G M Mustafa Respondents

JUDGEMENT

(1.) THOUGH these matters are posted today for 'Being Spoken to", with the consent of learned counsel appearing for both the parties, the same are taken up for final disposal.

(2.) THESE two appeals by the Claimants and by the Insurer are arising out of the same judgment and award dated 23/11/2011 passed in MVC No.321/2010, by the Principal Civil Judge (Sr.Dn) and Additional Motor Accident Claims Tribunal, Udupi, (hereinafter referred to as ' Tribunal' for short).

(3.) THE Tribunal, by its judgment and award has awarded a sum of Rs. 5,98,220/ - under different heads with interest at 6% per annum from the date of petition till realization, as against the claim of the claimants for a sum of Rs. 27,09,048/ -, on account of the death of the deceased Sri. Charles D'Souza, in the road traffic accident. Being aggrieved by the same, the claimants have filed an appeal on the ground that the compensation awarded by the Tribunal is inadequate and it requires enhancement and the Insurer has filed an appeal on the ground that, the compensation awarded by the Tribunal towards loss of dependency is on higher side and is liable to be reduced.