1. Though these appeals are listed for admission, with consent of the learned counsel on both sides, they are heard finally.

2. MFA No. 23417 of 2013 has been filed by the claimant seeking enhancement of compensation while MFA No. 20844 of 2013 has been filed by the insurance company both assailing judgment and award dated 05.11.2012 passed by the Motor Accidents Claims Tribunal-IX, Ballari (hereinafter referred to as ‘the Tribunal’ for the sake of brevity) in MVC No. 358 of 2012.

3. For the sake convenience, the parties shall be referred to, in terms of their status before the Tribunal.

4. It is the case of the claimant that he was working as a Cleaner in lorry bearing registration No. KA-34/6448 which belongs to respondent No. 2 and respondent No. 1 was the driver of the said lorry. On 09.06.2011, the claimant was proceeding in the said lorry along with the driver from B. Belgal to Ballari so as to unload gravel. When they were near Nandi International College, Ballari at about 08.30 a.m., the driver of the lorry drove the same in a rash and negligent manner and dash