NEW INDIA ASSURANCE CO LTD Vs. BHUVANESHWARI

JUDGEMENT

(1.) THESE two appeals are filed by the insurer and the claimants, respectively being aggrieved by the same judgment and award dated 17.3.2012 passed in MVC No.253/2010 on the file of MACT & 1st Addl. Senior Civil Judge & CJM, Mangalore (hereinafter referred to as 'Tribunal' for short).

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs.20,78,500/ - with interest at 7.5% p.a., from the date of petition till the date of realization as against the claim made by the claimants on account of the death of deceased -Deepak in the road traffic accident. The insurer contends that, the quantum of compensation awarded by the Tribunal is disproportionate to the source of income of deceased and hence the same is liable to be reduced; whereas the claimants contend that the quantum of compensation awarded by Tribunal is inadequate and it requires enhancement. Accordingly, the insurer and the claimants both felt necessitated to file these appeals, seeking appropriate reliefs.

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