JUDGMENT

H.P. Sandesh, J. - Heard the learned counsel appearing for the appellant-claimant and the learned counsel appearing for the respondent No. 2-Insurance Company in MFA No. 5946/2016. Heard the learned counsel appearing for the appellant-Insurance Company and the learned counsel appearing for the respondent No. 1-claimant in MFA No. 4039/2016.

2. These two appeals are filed challenging the judgment and award dated 11.03.2016 passed in E.C.A. No. 2/2015 on the file of XXI Additional Small Causes Judge and the MACT., (SCCH-23) at Bengaluru ('the Tribunal' for short).

3. The parties are referred to as per their original rankings before the Tribunal to avoid confusion and for the convenience of the Court.

4. The factual matrix of the case of the claimant before the Tribunal is that he was working as driver under first respondent in the Car bearing registration No. KA-05-AD-7183, drawing a salary of Rs. 7,000/-per month and bata of Rs. 100/-per day. On 07.01.2013 at about 3:15 p.m, when he was driving the said car from Bannerghatta to Electronic City on Nice road, Bengaluru, he lost control over the car and fell into the drain. Due to the impact, he suffered fracture of right leg femu