DIVISIONAL MANAGER, NWKRTC Vs. JAGADEESH KUMAR,

JUDGEMENT

(1.) THE appeal by the Corporation and the Cross objection by the claimant/cross objector is directed against the same impugned judgment and award dated: 10th April 2013 passed in MVC No.586/2010 on the file of the Presiding Officer, Fast Track Court, Sagar, (hereinafter referred to as ' Tribunal' for short).

(2.) THE Tribunal by its judgment and award, has awarded a sum of Rs. 3,73,160/ - as against the claim made by the claimant for a sum of Rs. 15,90,000/ -, on account of the injuries sustained by the claimant with interest at 6% p.a., from the date of petition, fastening liability on the Corporation and dismissing the petition against United India Insurance Co., Ltd., Being aggrieved by the said judgment and award, the Corporation has filed an appeal, on the ground that the Tribunal has erred in not fixing contributory negligence on the part of the driver of the Car and therefore, negligence may be fixed reasonably on the part of the drivers of both the vehicles involved in the accident and the cross objector/claimant has filed Cross Objection for enhancement of compensation, on the ground that the compensation awarded is inadequate.

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