The appeal and cross objection have arisen out of the judgment and award dated 3.11.2009 passed by the MACTV, Court of Small Causes, Bangalore in MVC 1795/2008. MFA 8704/2009 is filed by the claimant Hanumanthappa and MFA CROB 106… is filed by the insurer M/s. Bajaj Allianz Gen. Ins. Co. Ltd. of the lorry bearing No.KA401254. Appeal filed by the claimant is one for enhancement of the compensation.

2. The claimant had sustained injuries in a road traffic accident which occurred on 14.1.2008 at about 2.00 a.m. when he was traveling in the lorry bearing No.KA401254 as a cleaner. Hence, he had filed a claim petition under Section 166 of MV Act before the Tribunal seeking compensation. The Tribunal has awarded compensation of Rs. 3,24,400/- with interest at 6% p.a. and directed the owner and insurer of the offending lorry bearing KA401254 to pay compensation to the claimant jointly and severally. Aggrieved by the same, the present appeal and cross objection are filed.

3. According to the claimant, both the vehicles i.e., lorry bearing KA401254 and tipper lorry bearing No.OR02B