THE GENERAL MANAGER Vs. MANJULA AND ORS.

JUDGEMENT

(1.) THESE two appeals respectively by the Owner and the Claimants are directed against the same common judgment and award dated 15th June 2012, passed in MVC No. 17/2009, by the Senior Civil Judge, Motor Accident Claims Tribunal, Kadur, Chikmagalur District, (for short, 'Tribunal').

(2.) WHILE the owner has filed the appeal on the ground that, the Tribunal is not justified in fixing the entire negligence on the part of the owner, i.e. the South Western Railway; the claimants have filed the appeal, seeking enhancement of compensation on the ground that the compensation of Rs. 31,63,328/ - awarded by Tribunal is on the lower side and the impugned judgment and award passed by Tribunal is liable to be modified.

(3.) THE claimants herein are none other than the wife, minor daughter and parents of deceased Nagaraj S. Mannur in the road traffic accident. It is the case of the claimants that, deceased was the only earning member in the family and on account of his death, the family is in total financial distress and are left with no support and therefore, they have to be compensated reasonably.