KAMALAMMA, Vs. AMBARISH,

JUDGEMENT

(1.) BOTH these appeals by the claimants and by the Insurer, respectively, are arising out of the same judgment and award dated 01/07/2011 passed in MVC No.08/2009, by the Principal District Judge and Member, Motor Accident Claims Tribunal, Chikmagalur (hereinafter referred to as 'Tribunal' for short).

(2.) THE Tribunal, by its judgment and award, has awarded a sum of Rs. 3,16,000/ - under different heads with interest at 6% p.a., from the date of petition till its realization, on account of the death of the deceased Sri. Kenchegowda, in the road traffic accident, holding that the owner and insurer are jointly and severally liable to pay the compensation with interest and directed the Insurer to indemnify the award amount.

(3.) IT is the case of the claimants that, the compensation awarded by the Tribunal on account of the death of the deceased is inadequate and it requires enhancement. Where as, it is the case of the Insurer that the Tribunal is not justified in issuing a direction to it to indemnify the award amount when the rider of the motor bike does not possess valid DL and he is not authorized to drive the vehicle involved in the accident and therefore, it is liable to be modified holding that insurer is not liable to indemnify the award amount.