SULTAN SALAUDDIN Vs. SANGAPPA

JUDGEMENT

(1.) THE appellant dissatisfied with the amount of compensation granted by the Tribunal in a motor vehicle accident has filed this appeal, seeking enhancement, challenging the finding on negligence.

(2.) THE facts reveal that on 15.02.2009 at about 5.30 p.m., the appellant was returning to his village with his brother in an autorickshaw bearing reg. No. KA -38/3838. At that time, an accident occurred by hitting the maxi cab bearing reg. No. KA -38/2230. Therefore, he claimed compensation against the owner of the maxi cab and the insurer.

(3.) LEARNED counsel for the appellant submits that the insurer is liable to indemnify and to pay the compensation awarded for the reason that there was composite negligence on the part of the drivers of both the vehicle and the Tribunal committed an error in directing the insurer to pay only 50% of the compensation awarded. He also submits that the compensation granted is meager.