JUDGMENT :

B.A. Patil, J.

M.F.A.No.101310/2015 has been preferred by the appellants/claimants (for the sake of convenience, hereinafter referred to as "petitioners/claimants") and M.F.A.Crob No.100214/2015 has been preferred by the cross-objector (for the sake of convenience, hereinafter referred to as "cross-objector/insurer") challenging the judgment and award passed by the Additional District and Sessions Judge, Gadag in MVC No.362/2011, dated 10.12.2014.

2. We have heard the learned counsel appearing for the parties.

3. Though these cases are posted for admission, with the consent of learned counsel for parties, they are taken up for final disposal.

4. As per the petitioners/claimants, the facts leading to file a claim petition are that on 03.04.2011 at about 3.00 p.m., the son of petitioners/claimants was proceeding on a motorcycle bearing registration No.KA- 24/J-2578 and when he came near Acanatti cross, the driver of JCB No.KA-26/M-2382 came in a rash and negligent manner and dashed to the motorcycle on which the son of petitioners/claimants was proceeding. Due to the said impact, he sustained grievous injuries and was shifted to government hospital, Nargund, but he died due to