JUDGMENT :

Though these matters are listed for admission, with the consent of both the parties, matters are taken up for final disposal.

2. These two appeals are filed by the claimant and fifth respondent insurance company challenging the validity of the judgment and award dated 09.10.2012 on the file of M.A.C.T.XII, Ballari, passed in M.V.C.No.686/2011.

3. The brief facts, which are necessary for disposal of the appeals are as under:

A claim petition initially filed under Section 163A of the M.V. Act which subsequently came to be amended into one under Section 166 of the M.V. Act contending that on 13.03.2011 when the claimant after completing his personal work, was proceeding in motorcycle bearing No.KA34/J-2027 from Rayadurga towards Ballari, a motorcycle bearing No.KA34/TRM/T-9536 coming from Ballari side, came in a rash and negligent manner and dashed against the claimant whereby the claimant fell down and sustained grievous injuries. He was shifted to VIMS hospital and spent huge amount of money towards medical treatment and therefore, laid a claim petition seeking for awarding suitable compensation.

4. In response to the notice issued, the respondents No.2 and 5 appeared before