JUDGMENT

H.T. Narendra Prasad, J. - Mfa No.2848/2016 has been filed by the owner of the offending vehicle whereas MFA No.3644/2016 has been filed by the claimants under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act , for short) being aggrieved by the judgment dated 20.01.2016 passed by the Motor Accident Claims Tribunal. Since, both the appeals arise out of the same accident as well as a common judgment, they were heard together and are being decided by this common judgment.

2. Facts giving rise to the filing of the appeal briefly stated are that on 09.12.2014 at about 12.45 p.m. the deceased Shivakumar was proceeding on the Hero Honda Passion motorcycle bearing registration No.KA-09/J-4068, at that time, a tempo bearing registration No. KA-51/3713 which was being driven in a rash and negligent manner, dashed against the motorcycle of the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries at the hospital.

3. The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 30 years at the time of accident, was an electrical contractor and