RITA SEAL Vs. NALLATHAMBI D

JUDGEMENT

(1.) Since both the appeals arise out of the same judgment and award rendered by the Tribunal, they are heard together and are finally disposed of by this order.

(2.) The appeal in MFA.No.2383/2013 is filed by the claimants appellants who are the legal representatives of the deceased Dipankar Seal seeking enhancement of compensation awarded by the Tribunal and the appeal in MFA.No.4448/2013 is filed by the appellant Insurer M/s. Reliance General Insurance Company Limited challenging the quantum of compensation awarded by the Tribunal as well as the liability. By its judgment dated 15.12.2012 in MVC No.7633/2011, the Tribunal has awarded compensation in a sum of Rs.14,26,836.00 to the claimants legal representatives of deceased. Being not satisfied with the said compensation, the claimants have filed MFA No.2383/2013 seeking enhancement of compensation and further seeking to set aside the finding of the Tribunal attributing 20% actionable negligence on the deceased.

(3.) Heard the learned counsel for the claimants appellant in MFA No.2383/2013 as well as the learned counsel for the appellant in MFA No.4448/2013 M/s. Reliance General Insurance Company Ltd. and perused the impugned judgment as well as the material on record.