UNITED INDIA INSURANCE CO LTD Vs. BAIJU

JUDGEMENT

(1.) BOTH M. F. A. Nos. 667/05 and 668/05 and also MFA. CROB. No. 199/05 have arisen from the same common judgment and respective awards dated 2-11-2004 passed in M. V. C. Nos. 407 and 517 of 2003 by the learned District Judge and MACT, Udupi (hereinafter referred to as the "tribunal" for short ). MFA Nos. 667 and 668 of 2005 are filed by the insurer and MFA crob. 199/05 is filed by the claimant in m. V. C. No. 407/03 who is respondent in m. F. A. 667/05.

(2.) WE have heard the arguments of Sri B. C. Seetharama, Rao, learned counsel for the appellants in both the appeals and Sri Kishore shetty, learned counsel for the respondent cross -objector claimant. Sri B. C. Seetharama rao. strongly contended that both the injured claimants in the said cases were travelling as gratuitous passengers in the tempo bearing registration No KL l l/h-1643 and therefore the Tribunal committed a serious error in fastening the liability on this insurer to pay the compensation to the claimants in the said cases. He further submitted that the compensation awarded in favour of the respective claimants in the said cases under different heads such as pain and suffering loss of amenities and enjoyment, expenses towards treatment, etc. are highly excessive and therefore they deserve to be reduced. Per contra, the learned counsel for the respondent-cross-objector strongly contended that the claimant in M. V. C. No. 407/03 has become a living dead by reason of the injuries sustained by him in the said accident and, despite treatment as inpatient for four months, he is still bedridden and continues to be bedridden throughout his life and therefore, the amount of compensation awarded by the Tribunal being quite inadequate, requires to be enhanced under each head.

(3.) HAVING heard the learned counsel for the both parties the points that would arise for our consideration are :