JUDGMENT

These two appeals are preferred by the Insurance Company as well as the claimant challenging the judgment and award dated 31.01.2023 passed in MVC.No.1958/2019 by the Court of the Principal Senior Civil Judge and MACT, Srirangapatna (for short, 'the tribunal').

2. Since these appeals are listed for admission, with consent of learned counsels for parties, the appeals are taken up for final disposal.

3. The appeal preferred by the claimant is founded on the premise of inadequate and meager compensation awarded by the tribunal, whereas the appeal preferred by the Insurance Company is on the ground of arbitrary award of compensation, requiring to be set-aside.

4. Parties to this appeal shall be referred to as per their status before the Tribunal.

5. Brief facts of the case are as under:

On 28.09.2019 at about 7.30 a.m., near the land of K.P.Veerappa, Alkere Village, the claimant was proceeding on a motor bike bearing registration No.KA-11-EA-4888 as a pillion rider and the rider of the said bike had ridden the same in a rash and negligent manner, at that time, one dog came in front of his bike and he lost control over the bike and due to which, the said bike fell on the right side of the road. Due to the said impact, the claimant/pillion rider fell down and sustained grievous injuries to his right hand, head, forehead, right knee and other parts of the body. He was immediately shifted to Mandya Government Hospital, wherein he has taken first aid treatment and thereafter, to Narayana Multi Speciality Hospital, Mysuru, wherein he was treated as an inpatient and underwent surgery as his right hand bone was fractured and rod, screw and plate were inserted, sutured his fore-head and head and right knee were bandaged and another surgery would be required in future, as per the Doctor and he was inpatient for 8 months by taking treatment and thereafter discharged from the Hospital, he was taking follow up treatment once in 15 days.

5.1 It is stated that the claimant was hale and healthy at the time of accident. He was working as a Police Constable at Women's Police Station, Mandya and earning a sum of Rs.30,198/- per month. Due to the injuries sustained in the accident, he suffered disablement and he is not in a position to work as he was doing prior to the accident, as such, he has lost the earning capacity and lost future income. Hence, he filed a claim petition seeking compensation.

5.2 On service of notice, the respondents have filed written statement denying the claim made by the claimant and sought for dismissal of the claim petition.

5.3 Based on the pleadings, the Tribunal framed relevant issues for consideration.

5.4 In order to substantiate the issues and to prove the case, the claimant got examined himself as PW.1 and got marked documents as per Exs.P1 to P16 and examined the Doctor as CW.1 and got marked documents as per Exs.C1 to C5. On the other hand, the respondents neither examined any witness nor got marked any document. 5.5 On the basis of material evidence produced by the parties, the tribunal awarded the compensation of Rs.5,74,500/- with interest @ 6% p.a. and held that respondent Nos.1 and 2 to be jointly and severally liable to pay the compensation to the claimant. However, in view of the policy, respondent No.2-Insurance Company was directed to deposit the compensation before the tribunal within one month from the date of the order.

5.6 Being aggrieved by the same, the claimant is before this Court in MFA.No.5729/2023 seeking enhancement of compensation and the Insurance Company is before this Court in MFA.No.5728/2023 seeking to set aside the judgment and award passed by the tribunal on the ground of it being arbitrary.

6. It is the vehement contention of learned counsel for claimant that the tribunal has committed an error in awarding meager compensation, which calls for interference at the hands of this Court. Hence, he seeks to allow his appeal and enhance the compensation.

7. Per contra, learned counsel for Insu