JUDGMENT :

MFA No.202/2015 is filed by the insurance company under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short) whereas MFA Crob No.50/2015 is filed by the claimants under Order 41 Rule 22 of CPC being aggrieved by the judgment dated 31.10.2014 passed by the Motor Accident Claims Tribunal. 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 giving rise to the filing of the appeal and cross objection briefly stated are that on 11.07.2010 at about 12.45 a.m. the deceased Venkatesh was proceeding in a motorcycle bearing registration No.KA-51/K-3533 on B.E.T.L. Elevated Highway. At that time, a tempo bearing registration No.KA-06/A-7811 was parked without any parking light, signal, indicator for parking the vehicle on the elevated highway. The deceased who was proceeding in the motorcycle dashed on the back of the said tempo. As a result of the aforesaid accident, the deceased sustained grievous i