JUDGMENT :

These appeals are directed against common judgment and award dated 6.5.2019 passed in MVC Nos.921 and 922 of 2017 on the file of learned Senior Civil Judge and Addl. MACT, Hukkeri (for short, ‘Tribunal’).

2. MFA No.104084/2019 is filed by the insurance company challenging the liability as well as quantum of compensation awarded by the Tribunal in MVC No.921/2017, whereas the claimants have filed MFA No.101019/2020 seeking enhancement of compensation for the accidental death of Sri.Suresh.

3. MFA No.104085/2019 is filed by the insurance company challenging the liability as well as quantum of compensation awarded by the Tribunal in MVC No.922/2017, whereas the injured/claimant has filed MFA No.101020/2020 seeking enhancement of compensation for the accidental injuries sustained by him.

4. Brief facts leading to filing of these appeals are that on 11.02.2017 at about 13.00 hours, Suresh Iragar (deceased in MVC No.921/2017) was proceeding on motorcycle bearing registration No.KA-36/EJ-7712 from Raxi towards Hukkeri side, along with his friend Ravindra, pillion rider (injured in MVC No.922/2017). When they came near Kyaragudda on Ghataprabha-Hukkeri road, one Mahindra CRDI vehicle bearing registration No.KA-22/C-0053 came from Hukkeri side, driven by its driver in a rash and negligent manner, hit the motorcycle. Due to which, rider Suresh sustained fatal injuries and pillion rider Ravindra sustained grievous injuries. Immediately, they were shifted to Government Hospital, Hukkeri for treatment. However, Suresh succumbed to the injuries on the same day. The claimant Ravindra took treatment in different hospitals and suffered disability. It is averred that the deceased Suresh and the injured Ravindra were working as Mason and were earning Rs.20,000/- per month respectively. The legal heirs of the deceased Suresh filed claim petition in MVC No.921/2017 and the injured Ravindra filed claim petition in MVC No.922/2017 seeking compensation.

5. The respondents entered appearance and filed objections denying the averments made in the claim petitions. It is averred that there was no negligence on the part of the driver of the offending Mahindra Jeep and it is the rider of the motorcycle, who has caused the accident in question. It is also averred that the claim of the claimants are exorbitant and without any basis. Thus, sought for dismissal of the claim petitions.

6. During trial, the claimants examined three witnesses as PW1 to PW3 and marked the documents as Ex.P1 to P18. The respondents examined one witness as RW1 and marked documents as Ex.R1 and R2.

7. The Tribunal on considering the entire material on record awarded total compensation of Rs.10,88,400/- with interest at the rate of 6% per annum in MVC No.921/2017 and Rs.8,97,600/- with interest at 6% per annum in MVC No.922/2017. Being aggrieved by the liability as well as quantum of compensation, the insurance company as well as the claimants have filed the above appeals.

8. Sri.Rajashekhar S Arani, learned counsel appearing for the appellant/insurance company in support of his appeals would vehemently contend that the Tribunal committed grave error in appreciating the evidence available on record. The evidence on record indicates that the rider of the motorcycle i.e., deceased Suresh came extreme right of the said road and dashed to the offending Mahindra Jeep. In support of said contention, learned counsel places reliance on the sketch of the accident available on record. It is further submitted that rider of the motorcycle i.e., deceased Suresh was not holding driving license, as is evident from the evidence of PW1 and PW2. It is also submitted that the appellant/insurance company had sent notice to the owner of the vehicle, who had handed over the said motorcycle to the deceased Suresh knowing fully well that the rider Suresh did not have driving license. He further submits that taking note of these facts, the investigating officer filed charge sheet against the deceased Sures