NATIONAL INSURANCE COMPANY LTD. Vs. SADIK AND ORS.

JUDGEMENT

(1.) MFA . No. 4719/2011 is filed by the insurer of a Maruti van challenging the judgment and award passed by the Tribunal on the ground of negligence, consequential liability and quantum, whereas, MFA. No. 5624/2011 is filed by the claimant seeking enhancement of compensation awarded by the Tribunal.

(2.) AS these two appeals are arising out of a common judgment and award passed by the Tribunal, they are heard together and disposed of finally by this common judgment with the consent of the learned counsel for the parties.

(3.) AS there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident that occurred on 22.1.2009 by involvement of a motor cycle bearing registration No. KA -05/EH. 8612 in which the claimant was traveling as a pillion rider and a Maruthi van bearing registration No. KA -02/P. 2872, the points that arise for consideration in these appeals are: