JUDGMENT :

H.T. Narendra Prasad J.

MFA No.265/2019 is filed by the insurance company whereas MFA No.9137/2018 is 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 20.08.2018 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 appeals briefly stated are that on 23.12.2016 at about 6.30 p.m. the claimant was proceeding in the bicycle. When he reached Vatasahosahalli cross, Nagaragere Hobli, Gowribidanur Taluk, Chikkaballapura District, the driver of the Tipper lorry bearing registration No.KA40/A3956 drove the same at a high speed, in a rash and negligent manner, dashed against the bicycle. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized and he succumbed to the injuries on 13.01.2017.

3. The claimants filed a petition under Sectio