SOMAPPA AND ORS. Vs. IMAMSAB AND ORS.

JUDGEMENT

(1.) The insurer is challenging the judgment and order passed by the Motor Accident Claims Tribunal, Belgaum ('Tribunal' for short) in MVC Nos. 609 and 776 of 2010 and 1614 of 2008, whereas the claimant has filed appeal against the judgment and order in MVC No. 609 of 2010.

(2.) Since all these matters arise out of the same accident, the same are heard together and disposed of by this common judgment.

(3.) Briefly stated the facts are: That the claimants instituted petition before the Tribunal seeking compensation for the injuries sustained by them in the road traffic accident which occurred on 3-5-2008 while travelling in a goods vehicle bearing Registration No. KA-24/A-2929 (offending vehicle) along with their goods. It was contended that the accident caused due to the negligence of the driver of the offending vehicle. The insurer contested the claim. The Tribunal, after appreciating the evidence on record, awarded compensation fastening the liability on the insurer of the offending vehicle. Being aggrieved, the Insurance Company is in appeal challenging the liability as well as the quantum in the three cases referred to above whereas the claimant is seeking enhancement of compensation as the quantum of compensation awarded being inadequate in MVC No. 609 of 2010.