IFCO-TOKIO GENERAL INSURANCE COMPANY LTD Vs. THIMMEGOWDA

JUDGEMENT

(1.) In M.F.A.No.10571/2013, the Insurance Company is challenging the liability to pay compensation and in MFA Cr.Ob.No.106/2014, the petitioner is seeking enhancement of compensation.

(2.) For the sake of convenience, the parties shall be referred to as per their status before the Tribunal.

(3.) Brief facts of the case are, on 30/4/2011 at about 8.00 a.m., the petitioner and four other coolies were traveling in the Tractor bearing No.KA-11/T-9227 and KA-11/T-8986 from Heggadahalli village to K.R.Pet to bring coconut palms as firewood to Jaggery unit belonging to one Eregowda; near Krishnaiah Kola on Melukote - K.R.Pet Road, the Tractor was capsized due to which the petitioner and other coolies sustained injuries. After taking treatment at Pandavapura Government Hospital and JSS Hospital, Mysore, the petitioner has approached the Tribunal for grant of compensation of Rs.14.00 lakhs. Claim was opposed by the Insurance Company. After taking the evidence and hearing both parties, the Tribunal by impugned judgment awarded compensation of Rs.2,42,919.66 paise with interest @ 6% p.a., directing the owner and the insurer of the Tractor to pay compensation. Aggrieved by the same, the Insurance Company is before this Court whereas pleading inadequacy and seeking enhancement, the petitioner is also before this Court.