1. These two Appeals are directed against one and the same judgment and award dated 24.4.2006 made in MVC No. 3568/2004 on the file of Court of small Causes/Additional MACT at Bangalore City.

2. In other words, appeal in MFA No. 10749/2006 has been filed by the Insurance Company praying that the impugned judgment and Award passed against the Insurance Company may be set aside. Appeal in MFA No. 10737/2006 has been filed by the claimants, viz., legal representatives of the deceased Murthappa alias Murthy, praying to award compensation as claimed in the claim petition in MVC No. 3568/2004 by modifying the impugned judgment and Award dated 24.04.2006.

3. Since these two appeals are directed against one and the same judgment, we have heard common arguments and proceeding to dispose of these Appeals by this common judgment.

4. Learned Counsel appearing for the Insurance Company submits:

i) that the claimants are residents of Reddihalli village Challakere Taluk, Chitradurga District and the motor accident occurred within the jurisdiction of Ainmangala Police Station, Chitradurga District and therefore the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, c