JUDGMENT

M.F.A. No. 10166 of 2005 is an appeal by the insurer and M.F.A. No. 11578 of 2005 is by the claimants challenging the judgment and award of Additional Motor Accident Claims Tribunal, Tumkur in M.V.C. No. 974 of 2000, dated 7-10-2005. While the insurer seeks to negate the liability fastened upon it to discharge the award, the claimants have sought for enhancement being not satisfied with the grant.

2. These appeals had come up for admission and at the request of both sides it has been taken up for disposal on merits.

3. We shall, during the course of judgment refer to the parties according to the rankings in the Trial Court for the sake of brevity and better appreciation of the grounds urged by them. In that, the appellant in M.F.A. No. 11578 of 2005 shall be referred to as claimants and the appellant in M.F.A. No. 10166 of 2005 shall be referred to as appellant-insurer.

4. Perusal of the impugned judgment and award as also the grounds of the appeal indicate that, young boy named Chetan Kumar who was at the verge of completion of law degree studying in Tumkur and the only surviving son of the claimants namely Leelavathi and Sadashivaiah suffered injuries in road