C B ANAND Vs. SYED SAMIULLA

JUDGEMENT

(1.) The judgment and award dated 23.02.2013 passed in MVC No.3542/2011 on the file of the Motor Accident Claims Tribunal Bangalore (SCCH-3) (for short 'the Tribunal') is challenged in these appeals by both the Claimant and the Insurer.

(2.) The MFA No.7568/2013 is filed by the Claimant for enhancement of the compensation contending that the compensation awarded by the Tribunal towards pain and agony, attendant charges, conveyance, food and nourishment and loss of amenities are on the lower side. Further, it is urged that as per Exs.P6 and P13 Wound Certificate and Inpatient and Outpatient Case-sheet, Exs.P14 and P18 X-Ray Films, Ex.P15 X-Ray Report and Ex.P16 Outpatient Record the claimant has suffered mandible fracture, fracture of right femur, left leg digloving injury and subdural hemotama (head injury) and he has undergone four surgeries. Considering the nature of injuries suffered by the claimant the Tribunal awarded only Rs.6,50,800/- including the medical expenses of Rs.2,37,000/- as per medical bills. Therefore, the learned counsel for the claimant submits to enhance the compensation.

(3.) In M.F.A. No.4237/2013 filed by the Insurer the grounds urged are that the offending vehicle was not having valid permit at the time of accident which is mandatory under Section 66 of the M.V. Act. Though the Tribunal considered the facts that the alleged vehicle was not having valid permit and fitness certificate at the time of accident, erred in fastening the liability on the Insurer. Hence, the learned counsel for the Insurer makes submission to fasten liability on the owner. The alternative prayer is to permit the Insurance Company to recover the compensation amount from the owner following pay and recovery principle. It is further urged in the appeal that the Tribunal erred in taking the income of the claimant at Rs.12,000/- per month and consequently the compensation awarded is on the higher side, which is required to be reduced reasonably.