M P SHANKAR Vs. MAHESHA

JUDGEMENT

(1.) THESE four appeals by the injured claimants and Insurer are directed against the common judgment and award dated 2nd January 2012, passed in MVC Nos.246/2010 and 247/2010, by the District Judge and Member, Motor Accident Claims Tribunal, Chamarajanagar, (for short, Tribunal ).

(2.) WHILE the injured claimants have filed their respective appeals seeking enhancement of compensation, on the ground that the compensation awarded for the grievous injuries sustained by them is on the lower side; the Insurer has filed the two appeals seeking to set aside the impugned common judgment and award passed by Tribunal, on the ground that the impugned judgment and award passed is contrary to the oral and documentary evidence available on file and that the Tribunal, without assigning valid and cogent reasons, has allowed the claim petitions, awarding compensation to the injured claimants.

(3.) ON account of the grievous injuries sustained by the injured claimants in the common road traffic accident, they filed their individual claim petitions, before the Tribunal, seeking compensation of a sum of Rs.27,60,000/ - and Rs.8,30,000/ - respectively, against the owner, driver and Insurer of the offending Motor Cycle bearing Registration No.KA -10/K -6298. The said claim petitions were numbered as M.V.C.Nos.246 and 247 of 2010 respectively. Both the claim petitions were clubbed together as the same arose out of a common road traffic accident and taken up for consideration on 2nd January, 2012. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, and taking into consideration the age, avocation, nature of injuries sustained, nature and duration of treatment, functional and whole body disability suffered by the claimant, etc. allowed both the claim petitions in part, awarding a sum of Rs.2,11,826/ - and Rs.1,47,309/ - under different heads, with 6% interest per annum, pendente -lite and future interest till the date of realization. Not being satisfied with the quantum of compensation awarded by Tribunal, the injured claimants have filed two appeals and being highly aggrieved by the impugned judgment and award passed by Tribunal, awarding compensation, contrary to the oral and documentary evidence available on file, the Insurer has filed two appeals, seeking to set aside the impugned judgment and award passed by Tribunal.