LAWS(KAR)-2014-4-130

NABEESA Vs. RAVI KUMAR

Decided On April 28, 2014
NABEESA Appellant
V/S
RAVI KUMAR Respondents

JUDGEMENT

(1.) Though these appeals are posted for Admission, with the consent of the learned counsel appearing for both parties, they are taken up for final disposal.

(2.) These appeals respectively by the Claimants and the Insurer-The Oriental Insurance Company Limited are directed against the same judgment and award dated 4th May 2012, passed in MVC No.437/2009, by the Additional Senior Civil Judge, Additional Motor Accident Claims Tribunal, Udupi, (for short, 'Tribunal' ).

(3.) While the claimants have filed the appeal, seeking enhancement of compensation on the ground that the compensation of Rs. 21,64,500/- awarded by Tribunal, after deducting 50% towards contributory negligence on the part of the rider of the motor cycle, is inadequate and the contributory negligence is liable to be set aside; the Insurer has filed the appeal, seeking reduction of compensation on the ground that, compensation of Rs. 21,64,500/- with 6% interest per annum, awarded in favour of the claimants is excessive, on the higher side.