ORIENTAL INSURANCE COMPANY LIMITED Vs. NANJAMMA

JUDGEMENT

(1.) THESE two appeals by the Insurer and by the Claimants are arising out of the same judgment and award dated 09/10/2012, passed in MVC No.759/2010, by the Senior Civil Judge and JMFC and Additional Motor Accident Claims Tribunal, Kunigal, (hereinafter referred to as ' Tribunal' for short).

(2.) THE Tribunal, by its judgment and award has awarded a sum of Rs. 4,90,000/ - under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the claimants for a sum of Rs. 20,00,000/ -, on account of the death of the deceased Sri. N.T. Thammannagowda, in the road traffic accident. Being aggrieved by the same, the Insurer has filed an appeal on the ground that, the compensation awarded by the Tribunal is on the higher side and that the Tribunal has erred in not fixing any negligence on the part of the deceased and whereas, claimants have filed an appeal for enhancement of compensation on the ground that the compensation awarded by the Tribunal is inadequate and it requires to be enhanced.

(3.) IN brief, the facts of the case are: