JUDGMENT :

UMESH M ADIGA J.

Both the appeal and cross-objections are directed against the judgment and award dated 02.02.2019 passed by the Senior Civil Judge and AMACT, Hirekerur in MVC No.28/2015.

2. MFA No.101312/2019 is filed by owner of vehicle challenging the award fastening the liability on the owner of the vehicle, to pay compensation and exonerating the insurance company to indemnify the appellant-owner. MFA Crob.100086/2019 is filed by claimants seeking enhancement of compensation.

3. We refer the parties as per their ranking before the Tribunal.

4. It was the case of the petitioners in MVC No.28/2015 that on 21.05.2015 at about 9.15 p.m. the deceased Sayed Sadatulla s/o Samiulla Killedar had met with an accident while going as pillion rider in motorcycle bearing No.KA-27/X-1939, rode by respondent No.1, in rash and negligent manner near Bhagatsingh Circle of Rattihalli in Haveri District. Due to the same, he sustained severe injuries and while shifting him to the hospital at Davanagere, he succumbed to the injuries. It was further contention of the claimants/petitioners t