- (1.) These two appeals by the Insurer and the claimant are directed against the same judgment and award dated 24th September 2008, passed in M.V.C. No. 308/ 2006, by the Civil Judge (Sr.Dn) and Additional Motor Accident Claims Tribunal, Hiriyur, (for short, Tribunal').
(2.) While the Insurer has filed the appeal for reduction of compensation on the ground that the deceased was aged about 70 years and the income of 3,000/- per month assessed by Tribunal is on the higher side, the claimant has filed the appeal seeking enhancement of compensation on the ground that, the compensation of 1,69,600/- awarded after deducting 20% contributory negligence on the part of the deceased, as against her claim for 05.00 Lakhs, is inadequate and needs to be enhanced and that the contributory negligence of 20% fixed on the part of the deceased is also liable to be set aside.
(3.) The facts in brief are that, the claimant is the only daughter of the deceased Late Honnurbi, W/o. late lyad Sab. She filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 6:45 A.M., on 17-04-2006, when the deceased Honnurbi was walking on the extreme left side of the road, near Metikurke village, observing traffic rules from her house to reach her agricultural land, she met with an accident on account of rash and negligent driving by the driver of Tata Indica Car bearing No. KA-19/N-4329, Due to the impact, the deceased sustained grievous injuries and died on the spot.;