LAWS(KAR)-2015-11-387

HUSNA Vs. P NAGENDRA

Decided On November 18, 2015
HUSNA Appellant
V/S
P NAGENDRA Respondents

JUDGEMENT

(1.) Though these appeals are posted for Admission, they are taken up for final disposal with the consent of the learned counsel appearing for both parties.

(2.) These two appeals respectively by the claimants and the Insurer are directed against the same judgment and award dated 7th January 2015, passed in MVC No.3790/2013, by the Member, Principal Motor Accident Claims Tribunal, Bangalore (SCCH-1), (for short, 'Tribunal').

(3.) While the claimants have filed the appeal seeking enhancement of compensation on the ground that, the compensation of Rs. 14,56,000/- awarded by Tribunal in their favour and also the rate of interest awarded is inadequate and needs to be enhanced; the Insurer has filed the appeal, seeking to fix reasonable contributory negligence on the part of the deceased and also to reduce the compensation, on the ground that the deceased did not possess a valid and effective Driving Licence as on the date of accident and that the monthly income assessed by Tribunal is on the higher side and disproportionate to the source of income of deceased.