S. Sujatha, J.

The Insurer as well as the claimant are in appeal challenging the Judgment and Award passed by the Motor Accident Claims Tribunal, Bengaluru ['Tribunal', for short] in MVC No.5290/2010, whereby total compensation of Rs.2,06,400/- with interest at 6% per annum is awarded from the date of the petition till the date of deposit, fixing the contributory negligence of the driver of the lorry at 80% and of the claimant at 20%.

2. The claimant preferred petition before the Tribunal claiming compensation for the injuries sustained by him in the road traffic accident which occurred on 18.03.2010 alleging actionable negligence of the driver of the lorry bearing registration No.TN-28- B-7369 insured with the insurance company-appellant in MFA No.11462/2011. It was contended that the accident occurred when he was standing near Deepa Complex near Ullal junction to cross the road. On service of notice, insurance company appeared through its Counsel and contested the claim. On appreciation of the evidence, the Tribunal awarded total compensation of Rs.2,58,000/- fixing the contributory negligence of 80% on the driver of the lorry [offending vehicle] and 20% on the claimant.

3