JUDGMENT

Hanchate Sanjeevkumar, J. - The MFA No.201596/2016, is filed under Section 173(1) of the Motor Vehicles Act, (for short 'the M.V.Act') by the Insurance Company challenging the judgment and award dated 16.06.2016 passed in MVC No.209/2012 by the court of the Prl. Senior Civil Judge and MACT, Kalaburagi (for short 'the Tribunal') on the ground that the vehicle in question is not involved into the case and also for raising another ground that the lorry bearing Reg.No.KA-28/A-5775 was not holding fitness certificate as on the date of accident.

2. The MFA CROB No.200013/2018 is filed by the claimant/cross-objector seeking for enhancement of compensation as the compensation awarded by the Tribunal is inadequate.

3. The brief facts of the case are as follows :-

It is stated on 26.03.2009, at about 3.00 pm near I.T.I College, Chittapur, the claimant/cross-objector after loading the toor dal bags in the lorry bearing Reg.No.KA-32-A-5677, proceeded from Chittapur to Yadgir at that time a lorry bearing Reg.No.KA-28A/5775 coming from opposite direction with high speed in a rash and negligent manner, dashed the crossobjector due to which he had sustained grievous injuries of fractures a