JUDGMENT :

H.T. NARENDRA PRASAD, J.

1. M.F.A.No.6421/2016 has been filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) by the insurance company whereas, M.F.A.Crob.No.8/2017 under Order 41 Rule 22 of CPC has been filed by the claimants seeking enhancement of the amount of compensation and also contributory negligence. Since, both, the appeal and the cross-objection 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 leading to filing of these appeal and cross-objection briefly stated are that on 01.12.2014 at about 8.20 p.m. deceased, namely, Pramod Rao was traveling along with his friends in a car bearing registration No.KA-53/P-351 from Koppala to Bangalore. When they reached near Nelahal, Sira Tumkur NH-48 road, a tractor bearing registration No.KA-06/TA-3254- 3255 was taking turn towards service road. At that time, the driver of the car drove the car in a rash and negligent manner and dashed against the tractor. As a result of aforesaid accident, the deceased died at the spot.

3. The claimants filed a petition under Section 166 of the Ac