RESHMA S. GANGA Vs. BENAGONDA ERAPPA BIRADARA

JUDGEMENT

(1.) Though these matters are posted today for Orders, with the consent of learned counsel appearing for both the parties, the same are taken up for Final disposal. These appeals by the Claimant and by the Corporation respectively are directed against the same impugned common judgment and award dated 06/08/2011 passed in MVC No.204/2009, by the II Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal-7, Shimoga, (hereinafter referred to as Tribunal for short),.

(2.) The Tribunal by its judgment and award, has awarded a sum of '18,47,200/- under different heads with interest at 6% p.a., from the date of petition till its deposit as against the claim made by the claimant for a sum of '46,25,000/-, on account of the injuries sustained by her in the road traffic accident. Claimant has presented an appeal for enhancement of compensation on the ground that the compensation awarded by the Tribunal is inadequate and is liable to be enhanced and the Corporation has filed an appeal, on the ground that the compensation awarded by the Tribunal is on the higher side and is liable to be reduced and that the Tribunal has erred in not fixing contributory negligence on the part of the rider of the motor cycle.

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