JUDGMENT

M.F.A. No. 10166 of 2005 is an appeal by the insurer and M.F.A. No. 11578 of 2005 is by the claimants challenging the judgment and award of Additional Motor Accident Claims Tribunal, Tumkur in M.V.C. No. 974 of 2000, dated 7-10-2005. While the insurer seeks to negate the liability fastened upon it to discharge the award, the claimants have sought for enhancement being not satisfied with the grant.

2. These appeals had come up for admission and at the request of both sides it has been taken up for disposal on merits.

3. We shall, during the course of judgment refer to the parties according to the rankings in the Trial Court for the sake of brevity and better appreciation of the grounds urged by them. In that, the appellant in M.F.A. No. 11578 of 2005 shall be referred to as claimants and the appellant in M.F.A. No. 10166 of 2005 shall be referred to as appellant-insurer.

4. Perusal of the impugned judgment and award as also the grounds of the appeal indicate that, young boy named Chetan Kumar who was at the verge of completion of law degree studying in Tumkur and the only surviving son of the claimants namely Leelavathi and Sadashivaiah suffered injuries in road traffic accident while riding Yamaha Motor Cycle No. KA-06 6659 within the territorial limits of Belenahalli Village in Tumkur District. The motor cycle was hit by lorry bearing No. KA-06 8818 driven in a rash and negligent manner by its driver Yogesh. The accident is said to have occurred on 12-9-1999 at about 12.30 a.m.

5. Chetan Kumar who suffered head injury was immediately shifted to the local hospital for first aid and subsequently he was shifted to Bhagawan Mahaveer Jain Hospital, Bangalore. The injuries caused to his person, as noticed by the Medical Officer, showed his condition was serious. He was subjected to surgeries and other procedures, but remained in the state of coma for nearly three years and 10 months. From the date of accident he neither gained consciousness nor was in a position to be revived. During this period he was shifted to several major speciality hospitals periodically as he had developed several complications. He succumbed to injuries on 2-7-2003 nearly after three years and ten months.

6. As the injured was in the state of coma, his mother filed claim petition claiming compensation of Rs. 25 lakhs towards medical expenses but after his demise they were substituted as legal representatives. The claim was lodged against the driver-Yogesh and the owner of the lorry No. KA-06 8818, Chandramouli, as also the insurer of the offending lorry namely National Insurance Company Limited, Tumkur, seeking compensation.

7. The claim was resisted by the respondents-insured owner as also insurer. Yogesh, the driver of the lorry did not contest.

8. The insurer has vehemently refuted the charge that the vehicle insured by it was involved in the accident. However, the owner admitted involvement of his vehicle in the road accident and in this regard his admission was taken on record. It so transpired that the Tribunal having received the evidence tendered by the claimants and also respondents passed award on 2-8-2004 which was assailed before this Court in appeal M.F.A No. 8214 of 2004. This Court allowed the appeal in part. As the claimants had also challenged the award, it was set aside, the claim petition was remanded to the Tribunal for further consideration after giving opportunity to both the sides to lead evidence in support of their claim. The insurer was permitted to obtain prior permission to contest the claim as required under Section 170 of the Act. The Tribunal during fresh inquiry, received evidence as offered by the parties and passed award on 7-10-2005 granting to the claimants in all compensation of Rs. 27,58,499/- with interest at 8% per annum that judgment and award is impugned in these appeals.

8-A. We have heard learned Counsel Sri A.N. Krishna Swamy for the insurer-appellant and learned Senior Counsel Sri S.P. Shankar for