ORIENTAL INSURANCE CO LTD Vs. H S SRIKANTARADHYA

JUDGEMENT

(1.) Mfa No.4109/2013 is by the insurer of the offending vehicle challenging the judgment and award passed by the Tribunal on the ground of quantum. MFA Crob. No.152/2014 is filed by the claimant seeking enhancement of compensation awarded by the Tribunal.

(2.) As these appeal and Cross-objection have arisen out of the common judgment and award dated 19-01-2013 passed in MVC No.19/2009 on the file of the Senior Civil Judge & MACT at T.Narasipura (hereinafter referred to as 'the Tribunal' for short) with the consent of the learned counsel appearing for the parties, they are heard together and disposed of finally.

(3.) As there is no dispute regarding certain injuries sustained by the claimant in the road traffic accident occurred on 04-10-2008 due to the rash and negligent driving of a lorry bearing Registration No.KA-02/C-7452 by its driver and liability of the insurer of the said lorry, the only point arises for consideration in these appeal and cross objection is: