ABDUL RAHMAN Vs. VASANTH TULASIRAM RATHOD

JUDGEMENT

(1.) THE petitioners challenging the award dated 18.06.2010 in MVC No.24/2008 passed by the Court of Permanent Lok - Adalath, Belgaum filed these petitions.

(2.) THE claimant being not satisfied with the quantum of compensation awarded and the contributory negligence held against him to the extent of 10% by the permanent Lok -Adalath, Belagavi in MVC No.24/2008 has filed W.P. No.62932/2011. Whereas, the Insurance Company has filed W.P. No.60234/2011 being aggrieved by the very same award passed by the permanent Lok -Adalath challenging the legality of Adalath adjudicating the dispute invoking the power under Section 22(1) of the Legal Services Authorities Act filed this writ petition. Since the common question of law is involved in both the writ petitions, they are clubbed together and disposed of by the common order.

(3.) THE petitioner in W.P. No.62932/2011 met with road traffic accident that occurred on 16.04.2007 at about 10.30 p.m. at Yallapur -Ankola road due to rash and negligent driving of truck bearing No.KA 32/5448. He filed a claim petition before the permanent Lok -Adalath, Belagavi (for short the Adalath ) seeking compensation of Rs.10,00,000/ -. The Adalath after examining the matter in detail and taking into consideration the relevant police records held that the claimant -petitioner is also contributed to the accident to an extent of 10% and taking into consideration the evidence of the Doctor, awarded a compensation of Rs.3,99,000/ - with 6% interest p.a. The claimant being not satisfied with the quantum of compensation awarded by the Adalath, filed writ petition No.62932/2011 challenging, 10% contributory negligence fastened on him and also seeking for enhancement of compensation.