GOLLATHIMMAPPA Vs. V.NIRANJANAREDDY

JUDGEMENT

(1.) is filed by the claimant in M.V.C.No.319/2016 being aggrieved by the quantum of compensation awarded by the Tribunal by judgment and award dated 29.12.2016 towards the injuries sustained by him in a road traffic accident that occurred on 03.02.2016. M.F.A.No.3166/2017 is filed by the Insurance company against the said judgment and award passed by the Tribunal.

(2.) The learned counsel for the Insurance company in M.F.A.No.3166/2017 contends that the Tribunal committed an error in failing to appreciate that the claimant did not possess a valid and effective driving licence as on the date of the accident and that consequently, contributory negligence would have to be attributed to him which would disentitle him to claim the entire compensation. In this context, it is contended that the charge sheet has been filed against the claimant by the police which would indicate that he was guilty of contributory negligence and as such, he was not entitled to compensation on this ground.

(3.) The learned counsel for the claimants interalia contended that the quantum of compensation of Rs.24,18,000/- is inadequate and the same requires to be enhanced.