1. The appeal by the insurer and the cross - objection by the injured claimant - cross - objector are directed against the same judgment and award dated 15.12.2007, passed in M.V.C. No. 842 of 2006, by the District Judge, Fast Track Court I, Shimoga (for short 'the Tribunal').

2. While the insurer has filed the appeal for reduction of compensation on the ground that compensation of Rs.8,54,505 with 6 per cent interest per annum, awarded in favour of the injured claimant - cross - objector, is excessive and on the higher side and that the Tribunal ought to have fixed reasonable contributory negligence on the part of the rider of the scooter; the injured claimant - cross - objector has filed the cross - objection, seeking enhancement of compensation on the ground that the compensation of Rs.8,54,505 awarded by the Tribunal is inadequate.

3. The facts of the case as stated in the claim petition are that at about 9.45 a.m. on 5.5.2006, when the injured claimant - cross - objector was proceeding on his Bajaj scooter bearing registration No. KA 14 - J 1275, on B.H. Road, Shimoga, in front of APMC Office, he met with an accident on account of rash and negligent driving by the rider of TVS motorbike bearing registration No. KA 14 - R 7714. Due to the impact, the injured claimant - cross - objector sustained grievous head injuries and became unconscious and was immediately shifted to the hospital in Shimoga, where he was in Intensive Care Unit (ICU) for a period of 45 days.

4. It was the case of the injured claimant that he was hale and hearty prior to the date of accident, which resulted in causing grievous head injuries and that he was working as a paint mixer, earning a sum of more than Rs.5,000 per month. On account of the injuries sustained, he had spent considerable amount for conveyance, nourishing food and attendant charges apart from other incidental expenses and, therefore, he has to be compensated reasonably.

5. On account of the injuries sustained in the road accident, the injured claimant - cross - objector filed the claim petition before the Tribunal, seeking compensation of a sum of Rs.17,01,000 against the rider of TVS motorbike, insurers of both the vehicles and owner of scooter. The said claim petition had come up for consideration before the Tribunal on 15.12.2007. The Claims Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs.8,54,505 under different heads, with 6 per cent interest per annum, from the date of petition till the date of deposit. Being aggrieved by the quantum of compensation awarded by the Claims Tribunal and also for not fixing any percentage of contributory negligence on the part of the rider of the scooter, i.e., the injured claimant - cross - objector herein, the insurer is in appeal before this court, seeking reduction of compensation and also to fix some percentage of negligence on the part of injured claimant and the injured claimant has filed the cross - objection, seeking enhancement of compensation, on the ground that the compensation awarded by the Tribunal is on the lower side when compared to the nature of injuries sustained and the neurological disability suffered by him.

6. We have heard Mr. A.M. Venkatesh, learned counsel appearing for insurer, and Mr. Basavaraju, appearing for Mr. B.K. Manjunath, learned counsel appearing for the injured claimant - cross - objector, gone through the grounds urged in the memorandum of the appeal as well as cross - objection carefully and perused the impugned judgment and award passed by the Tribunal, including the original records placed before us.

7. Mr. A.M. Venkatesh, learned counsel appearing for insurer, vehemently submits that the Claims Tribunal grossly erred in concluding the proceedings, without fixing reasonable contributory negligence on the part of the rider of the scooter, i.e., the cross - objector and a