IRAPPA MAHADEVAPPA KUDARI Vs. SYED AFROZ

JUDGEMENT

(1.) M .F.A.No.20329/2010 is filed by the claimant seeking enhancement of compensation awarded by the Tribunal and M.F.A.No.21622/2010 is filed by the insurer of the truck bearning No.KA -06/9522 challenging the judgment and award of the Tribunal on the grounds of negligence as well as quantum.

(2.) AS these appeals are arising out of a common judgment of the Tribunal and arising out of the same road traffic accident, they are heard together and disposed of by this common judgment.

(3.) FOR the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal. As there is no dispute regarding certain injuries sustained by the claimant in the road traffic accident occurred on 05.01.2006 due to involvement of the truck bearing registration No.KA -06/9522 and KSRTC bus bearing registration No.KA -26/F -532, the only points that arise for my consideration are: