JUDGMENT

1. Aggrieved by the judgment and award passed in MVC No.583/2011 by Senior Civil Judge and JMFC and MACT-XV, Kunigal dtd. 24/8/2017, the petitioners as well as the Insurance Company have approached this Court in these appeals.

2. MFA No.174/2018 is filed by the Insurance Company assailing the fastening of the liability on it and MFA No.6621/2018 is filed by the petitioners seeking enhancement of the compensation.

3. The brief facts are as below:

That on 24/3/2011 at about 10.30 p.m. deceased Siddiqullah Khan, was travelling from Kunigal as a pillion rider on bike No.K.A.04-EA-5134. While so traveling near weir of Kunigal big tank the rider of Hero Honda Bike rode it in high speed in rash and negligent manner took his vehicle in a ditch, as a result fell on right side of the road with the bike. Due to this accident Siddiqullah Khan sustained fatal injuries. Immediately, he was shifted to Sridevi Hospital Tumakuru and then to NIMHANS Bangalore for better treatment. However, as per the advise of doctors he was shifted to Mallige hospital Bangalore and was in ICU.

Unfortunately, he succumbed to the injuries on 26/3/2011 at about 9.30 PM. Thereafter, the petitioners have perform