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 T