V.M. SASIDHARAN Vs. MANAGING DIRECTOR, BMTC

JUDGEMENT

(1.) THESE two appeals by the claimants and by the Corporation are directed against the same judgment and award dated 17/05/2011 passed in MVC No. 7135/2009, by the VII Additional Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal -3, Bangalore (SCCH -3), (hereinafter referred to as 'Tribunal' for short), on the ground that, the compensation of Rs. 2,84,000/ - awarded by the Tribunal under different heads as against the claim of the claimants for a sum of Rs. 25,00,000 on account of the death of the deceased Smt. Sandhya.S, in the road traffic accident is on lower side and liable to be enhanced as contended by the claimants and the direction issued by the Tribunal to the Corporation to indemnify the award amount without issuing direction to the Insurer is liable to be modified as contended by the Insurer.

(2.) IN brief, the facts of the case are:

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs. 2,84,000/ - under different heads with interest at 8% p.a., from the date of petition till the date of deposit, directing the Corporation to deposit the compensation amount with costs and interest. Being aggrieved by the said judgment and award, both the claimants and Corporation have presented these appeals seeking appropriate reliefs as stated supra.