GAGAN AND ORS. Vs. MANOJ AND ORS.

JUDGEMENT

(1.) These two appeals respectively by the driver and owner of the offending Mahindra Jeep bearing Registration No. KA -12/N -3635 and the claimants of deceased T.M. Asha, are directed against the same judgment and award dated 7th March 2015, passed in M.V.C. No. 203/2013, by the Principal Judge, Court of Small Causes, Mysuru, in concurrent charge of Additional Court of Small Causes, Mysuru, as a Presiding Officer, Motor Accidents Claims Tribunal, Mysuru.

(2.) While the driver and owner of the offending Mahindra Jeep have filed M.F.A. No. 4313/2015, seeking to set aside the direction issued by the Tribunal to indemnify the entire award; the claimants of deceased T.M. Asha, have filed M.F.ANo.6573/2015, seeking enhancement of compensation on the ground that the compensation awarded by Tribunal at Rs. 24,87,650/ - on account of the death of deceased T.M. Asha, in the road traffic accident is on the lower side.

(3.) On account of the untimely and unnatural death of the deceased T.M. Asha, the claimants, who are none other than the husband and minor children of the deceased filed a claim petition in M.V.C. No. 203/2013 before the jurisdictional Tribunal. The said claim petition had come up for consideration before the Tribunal on 7th March, 2015. 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. 24,87,650/ - with 9% interest per annum from the date of petition till the date of realization on account of the death of deceased and directing the driver and owner of the offending Mahindra Jeep to indemnify the entire award and dismissed the claim petition as against the Insurer/Bajaj Allianz GIC limited. Being aggrieved by the impugned judgment and award passed by the Tribunal, directing the driver and owner of the offending Mahindra Jeep to indemnify the entire award, the driver and owner have filed M.F.A. No. 4313/2015 to set aside the said direction and being dissatisfied with the quantum of compensation awarded by the Tribunal, the claimants of deceased T.M. Asha have filed M.F.A. No. 6573/2015, seeking enhancement of compensation.