These appeals filed by Appellant claimant and Appellant/Insurance Company against the judgment and award dated 03.05.2014 made in MVC.No.604/2012 on the file of I Addl. District Judge and MACT. Raichur awarding compensation of Rs.07,23,000/-with 6% interest p.a. from the date of the petition till the date of realization.

2. The claimant filed MFA.No.201453/2014 for enhancement and Insurance Company has filed MFA.No.201291/2014 for reduction.

3. The facts of the case are, the mother of the deceased has filed claim petition in MVC.No.604/2012 under Section 166 of M.V. Act claiming compensation of Rs.22,45,000/-for the death of Velu Kumar in a Road Traffic Accident. The claimant contended that on 27.07.2012 the deceased Velu Kumar was proceeding on motorcycle bearing KA.No.36-Q-6685 from Mudgal to Lingasugur along with his friend Bhimappa. The deceased was pillion rider on the said motorcycle. When they came near Lingasugur via, MaskiLingasugur road on proper side, slowly with care and cautiously, at about 02.00 p.m. near Srinivas Guruji Shop, at that time a Lorry bearing Reg.No.KL-05/F-1361 came from opposite direction with great speed, rash and negligent and hit the said motorcycle, due to the accident, both rider and pillion rider of the motorcycle fell down and sustained serious injuries and fractures. Immediately the injured were shifted to Government Hospital Lingasugur in an Ambulance. The deceased died while shifting to Raichur District Hospital. The jurisdiction police have registered the case in Crime No.169/2012 against the Lorry for the offence punishable under Sections 279, 337, 338, 304-A of IPC and 187 of M.V. Act. Therefore, the respondent No.1 driver of the vehicle and respondent No.2 owner of the vehicle and respondent No.3 Insurer of the vehicle are jointly and severally liable to pay the compensation.

4. After issuance of notice by the Tribunal, the respondents No.1 and 2 remained absent and placed exparte. The respondent No.3/Insurance Company appeared through advocate and filed written statement denying the averments made in the claim petition and denied the age, income and occupation of the deceased. Further contended that R.C. owner of the vehicle bearing Reg.No.KL05F1361 has deliberately permitted a person who was not holding a valid and effective driving license to drive the particular type of vehicle involved in the accident. Further contended that as on the date of accident without a valid permit and a fitness certification was proceeded to violate the conditions of the policy. The respondents No.1 and 2 colluded with the claimant to make monetary benefits. Therefore, sought to dismissal of the claim petition.

5. Based on the aforesaid rival pleadings, the Tribunal framed the following issues;

1. Whether the petitioner proves that on 27.07.2012 her son Velukumar was proceeding riding his motorcycle bearing No.KA36/Q6685 from Mudgal to Lingasugur along with one Bheemappa as pillion rider and at 02.00 p.m., when he was near Srinivas Gujari shop, R1 came by driving lorry bearing No.KL05/F1361 from opposite direction in high speed and in rash and negligent manner and dashed to the motorcycle and due to the actionable negligence of R1, Velukumar fell down and sustained grievous injuries and after the first aid while shifting to Raichur District Hospital her son succumbed to the injuries?

2. To what relief the petitioner is entitled to and from whom?

3. What order?

6. In order to establish the case of the claimant, the claimant examined PW.1 and witness as PW.2 and marked documents Ex.P.1 to 37. On the other hand respondent No.3 examined RW.1 and marked Ex.R.1.

7. The Tribunal considering the entire material on record by impugned judgment and award dated 03.05.2014 awarded compensation of Rs.07,23,000/-with 6% interest from the date of petition till the date of realization of compensation amount. Hence,