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2015 Supreme(Kar) 188

B.SREENIVASE GOWDA
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
R. SHIVAKUMAR – Respondent


Advocates Appeared:
SRI A.RAVISHANKAR, ADV.
SRI A.S.GIRISH, ADV. FOR C/R1

JUDGMENT

MFA 7112/2011 is filed by the insurer of the offending vehicle challenging the quantum of compensation awarded by the Tribunal as excessive and seeking reduction. MFA 2152/2009 is filed by the claimant seeking enhancement.

2. As these two appeals are arising out of a common Judgment and Award dated 26.03.2011 passed in MVC No.1450/2009 on the file of the X Additional Judge, Member, MACT, Bengaluru, awarding a compensation of Rs. 18,35,225/- with interest @ 6% p.a. from the date of petition till realization, they are heard together and disposed of finally by this common Judgment.

3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.

4. As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 09.01.2009 due to rash and negligent driving of the lorry bearing registration No.MYS5151 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:

“Whether compensation of Rs. 18,35,225/- awarded by the Tribunal is just and reasonable or does it call for reduction or enhancement? ”

5. After















































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