NATIONAL INSURANCE CO LTD Vs. HONNAPPA

JUDGEMENT

(1.) THESE two appeals are listed today for hearing on admission after service of notice to the respondents in each of the appeals. Learned counsel appearing on both the sides submit that the appeals be taken up for final disposal. With the consent of the learned Advocates appearing on both the sides, the appeals are heard for final disposal.

(2.) BRIEF facts of the case are : sri. Honnappa, the petitioner, while he was proceeding towards his residence in a scooter bearing registration No. MEG 1913 on l-l-2000 at about 0. 30 hours and when he had' reached Bendoor well circle, a motor cycle bearing registration No. MAW 1010 came from the opposite direction and dashed against the scooter of the petitioner, as a result, he was thrown out, he fell down and sustained injuries. After taking treatment, he filed a petition under Sec. 166 of the Motor Vehicles act, 1988, (for short the Act) which later on was converted to one under Sec! 163-A of the act claiming compensation from the owner and insurer of the motor cycle MAW 1010 i. e. the respondents. The insurer has contested the claim of the petitioner, including the age, occupation, income, the injuries, expenditure incurred, etc. , apart from contending that the compensation amount claimed by the petitioner to be exhorbitant and not based on any norms. Liability was denied contending that it is an act Policy. Based on the pleadings, the Tribunal has framed issues and after enquiring into the matter, has passed the judgment and award dt. 20th May, 2004, awarding a total compensation of Rs. 3,54,000/-, together with interest thereon at 6% p. a. payable by the respondents. The petitioner being dissatisfied with the quantum of compensation awarded, has filed MFA no. 7381/2004. The Insurance Co. has questioned the judgment and award passed by the tribunal by filing MFA No. 6346/2004. Since both the appeals arise out of the same judgment and award, they are together taken up for hearing and disposal. The parties shall be referred to with reference to their ranks in the claim petition before the Tribunal, for the sake of convenience.

(3.) WE heard the learned Advocates appearing on both the sides and examined the judgment and award passed by the Tribunal.