KAVITHA NANDAKUMAR CHIPPALAKATTI AND OTHERS Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) These appeals are filed under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award passed by the Motor Vehicle Accident Claims Tribunal-IX, Mudhol, dated 30-5-2011 in MVC No.443/2007.

(2.) The appellant in MFA No.21942/2013 is the respondent-Corporation before the Motor Vehicle Accident Claims Tribunal (for short "Tribunal") and has prayed for setting aside the impugned judgment and award whereas the appellants in MFA No.100720/2014 are the claimants before the Tribunal below have prayed for enhancement of compensation awarded under the impugned judgment.

(3.) The appellant-corporation in MFA No. 21942/2013 in its memorandum of appeal has taken contention that the Tribunal below has erred in not considering that the accident was one of the contributory negligence. The compensation awarded by the Tribunal is a huge amount and that the Tribunal ought to have deducted 1/3rd of the income of the deceased towards his personal expenses instead of 1/4th. Stating that awarding compensation under other heads also deserves to be set aside it has prayed for allowing the appeal by setting aside the impugned judgment.