NAYEEM PASHA, Vs. NAVEED AHMAD,

JUDGEMENT

(1.) BOTH these appeals by the claimant and by the Insurer respectively, are arising out of the same judgment and award dated 30/12/2011 passed in MVC No.1307/2009, by the Presiding Officer, Fast Track Court -III and Motor Accident Claims Tribunal, Mysore, (hereinafter referred to as 'Tribunal' for short).

(2.) THE Tribunal by its judgment and award has awarded a sum of Rs. 16,32,500/ - under different heads, with interest at 6% per annum from the date of petition till its deposit/payment, as against the claim of the claimants for a sum of Rs. 37,50,000/ -, on account of the injuries sustained by him in the road traffic accident, fixing negligence in the ratio of 75:25 i.e. 75% on the part of the driver of the lorry bearing Reg.No.MH.06.AC.7186 and 25% on the part of the claimant. The claimant has filed an appeal contending that the quantum of compensation awarded is inadequate and it requires enhancement and that the negligence fixed at 25% on the claimant is liable to be set aside and the Insurer has filed an appeal contending that the compensation awarded is on higher side and that the negligence fixed at 75% on the part of the driver of the Lorry bearing Reg.No.MH.06.AC.7186 is on the higher side and is liable to be reduced by fixing negligence in the ratio of 50:50.

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