The claimant as well as the Insurance Company are in appeal challenging the judgment and order dated 15.09.2010 passed by the MACT, Kudligi, (‘Tribunal’ for short) in MVC No.1020/2009.

2. Briefly stated the facts are that the claimant being the son of the deceased Smt. Jayashree instituted the claim petition before the Tribunal seeking compensation for the death of his mother who died in the motor vehicle accident on 10.01.2009 while travelling in the car bearing registration No.KA 35/M 1431 which was duly insured with the Insurance Company. On service of notice, the Insurance Company appeared and resisted the claim. After evaluating the evidence on record, the Tribunal awarded total compensation of Rs.3,66,000/- together with interest at the rate of 8% p.a. from the date of petition till deposit fastening the liability on the Insurance Company to satisfy the award. Aggrieved by the same, the claimant is in appeal seeking enhancement of compensation whereas the Insurance Company is in appeal challenging the liability foisted on it.

3. Sri N.R. Kuppelur, learned counsel appearing for the Insurance Company would contend that the Tribunal erred in fastening the liability on th