NEW INDIA ASSURANCE CO. LTD. AND NEW INDIA ASSURANCE CO. LTD. BY ITS MANAGERS Vs. P. MUNIRATHNAM S/O PAPAIAH AND SMT. ASMATH W/O SABJAN SAB

JUDGEMENT

(1.) PETITIONERS in MVC No. 5526 on the file of Motor Accident Claims Tribunal (SCCH -10), Bangalore City, is the appellant in MFA 8165/2006. Respondent -2 in the said claim petition is the appellant in MFA 7330/2006. In both these appeals, the judgment and award dated 15.2.2006 passed by Motor Accident Claims Tribunal, awarding compensation of Rs. 1,99,022/ - with interest at 6% p.a., has been questioned. Grievance of the appellant In MFA 8165/2006 is that, the amount awarded is not just compensation and that, he is entitled to be awarded a compensation of Rs. 7,00,000/ - as claimed in the claim petition. On the other hand, the grievance of the Insurance Company in MFA 7330/2006 is against the very awarding of compensation of Rs. 1,99,022/ - in favour of the petitioner. Since the appeals arise from one and the same judgment and award, they are taken up together for consideration.

(2.) FOR the sake of convenience, the parties would herein after be referred to, with reference to the rank in the claim petition before Motor Accident Claims Tribunal.

(3.) KEEPING in view the pleading of the parties, the tribunal framed following issues;