SHASHI K V, Vs. SURESH PUJARI,

JUDGEMENT

(1.) THESE two appeals by the claimants and by the Insurer are arising out of the same judgment and award dated 13/10/2011 passed in MVC No.387/2009, 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 impugned judgment and award has awarded a sum of Rs. 44,43,400/ - awarded by the Tribunal under different heads, with interest at 6% per annum from the date of petition till its deposit, as against the claim of Rs. 1,60,00,000/ -, on account of the death of the deceased Sri. S.S.Prasanna, in the road traffic accident. The claimants have filed an appeal for enhancement of compensation, on the ground that the compensation awarded by the Tribunal is inadequate and it requires to be enhanced and the Insurer has filed an appeal for reduction of compensation, on the ground that the compensation awarded is on higher side and is liable to be reduced and that the Tribunal has erred in fixing entire liability on it without fixing any negligence on the part of the driver of the car.

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