HANUMANTHAPPA Vs. NATIONAL INSU. CO. LTD.,

JUDGEMENT

(1.) Since these appeals arise out of the common Judgment passed by the Motor Accident Claims Tribunal, Chitradurga ['Tribunal', for short] in MVC No. 822/2007 connected with MVC No. 823/2007, involving the same accident, the same are clubbed together, heard and disposed of by this common Judgment.

(2.) MFA Nos. 5082/2010 and 5083/2010 are filed by the Insurance Company challenging the liability aspect whereas MFA No. 9142/2010 is filed by the claimant seeking enhancement of compensation.

(3.) The facts in brief are : that the claimants preferred petitions before the Tribunal seeking compensation for the injuries sustained by them in the road traffic accident which occurred on 12.3.2007 alleging actionable negligence on the driver of both the vehicles involved in the accident, namely, Tractor-Trailer No.KA-16/T-5490-91 and Lorry bearing No.MH-43/E-6214. The Insurer of both the vehicles appeared and contested the claim. The Tribunal, considering the material evidence on record, awarded total compensation of Rs. 76,600.00 in MVC No. 822/2007 and Rs. 8,000.00 in MVC No. 823/2007 with interest at 6% per annum from the date of petition till its deposit, fastening the liability on the Insurer of the Tractor-Trailer bearing No. KA-16/T- 5490-91. Aggrieved by the same, the Insurance Company is in appeal challenging the liability and the determination of the quantum of compensation is challenged by the claimants as being inadequate.