JUDGMENT :

1. MFA No.8719/2015 has been filed by the insurance company where as, MFA No.6438/2015 has been filed by the claimants being aggrieved by the judgment dated 30.06.2015 passed by the Motor Accident Claims Tribunal. Since, both the appeals arise out of the same accident, 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 17.05.2010 at about 9.00 p.m. deceased Darshan was riding motor cycle on Malleshpalya Main Road, Bangalore. While he reached Manjunatha Wood Works, another motor cycle bearing registration No.KA-51-R-5982, which was being driven in a rash and negligent manner by respondent No.1 came from the opposite direction and in dashed the motor cycle of the appellant. As a result of the impact of the aforesaid accident, deceased was thrown out and fell down from the motor cycle and sustained grievous injuries. The deceased was shifted to Manipal hospital. During the course of the treatment, he succumbed to injuries and expired.

3. The claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) claiming compen