SRINIVASA AND ORS. Vs. DAYACHAND GUPTA AND ORS.

JUDGEMENT

(1.) THESE appeals by the claimant and by the Insurer are directed against the same impugned judgment and award dated 25/01/2012, passed in MVC No. 5865/2010, by the XXI ACMM & XXIII Additional Small Cause Judge, Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru, (for short Tribunal').

(2.) THE Tribunal, by its judgment and award, has awarded a sum of Rs. 3,90,000/ -, with interest at 6% p.a. (excluding interest on the amount awarded towards future medical expenses) from the date of petition till its actual deposit, fastening the liability on the Insurer, on account of the injuries sustained by the claimant in the road traffic accident.

(3.) IT is the further case of the claimant that, he spent considerable amount towards medical and other incidental expenses. On account of the injuries sustained by claimant, he suffered permanent disability and Doctor has assessed the disability at 20% to the limb. Therefore, claimant has filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the owner and Insurer of the offending vehicle. The said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after appreciating the oral and documentary evidence and other material available on file, taking into consideration the nature of injuries sustained, the nature and duration of the treatment taken by the injured, has allowed the said claim petition in part, awarding a sum of Rs. 3,90,000/ - with interest at 6% p.a., (excluding the amount awarded towards future medical expenses) from the date of petition till its actual deposit.