MANAGER, NATIONAL INSURANCE CO , LTD Vs. GOWRAMMA

JUDGEMENT

(1.) THESE two appeals respectively by the Insurer and claimants are directed against the same judgment and award dated 7th December 2011, passed in MVC No.6269/2010, by the IX Additional Senior Civil Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal -7, Bangalore, (for short, 'Tribunal'), awarding compensation of Rs. 15,20,000/ - with 6% interest per annum, and directing the Insurer of the offending vehicle to indemnify the award.

(2.) WHILE the Insurer has filed the appeal on the ground that the Tribunal is not justified in directing it to indemnify the award, as the entire case of the claimants is a concocted one and there is no truth in the averments made in the claim petition; the claimants have filed the appeal seeking enhancement of compensation on the ground that the compensation awarded by Tribunal is on the lower side.

(3.) ON account of the untimely and unnatural death of the deceased M.N. Krishnappa, in the road traffic accident, the claimants/appellants filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 15.00 lakhs against the Insurer and owner of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 7th December, 2011. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 15,20,000/ - with 6% interest per annum from the date of petition till the date of realization, and directed the Insurer and owner of the offending vehicle to jointly and severally indemnify the award and finally directed the Insurer to deposit the award amount within one month. Being aggrieved by the impugned judgment and award passed by Tribunal, the Insurer has filed this appeal, seeking to set aside the direction issued by Tribunal to indemnify the award and the claimants have filed the appeal, seeking enhancement of compensation.