These two appeals are filed challenging the impugned

judgment and award dated 31.10.2018 in MVC.No.708/2018

on the file of Prl.Senior Civil Judge & MACT, Kalaburagi,

whereby the petition filed under Section 163-A of the Motor

Vehicles Act, 1988 (‘M.V.Act’ for short) came to be partly

allowed granting compensation in a sum of Rs.1,35,200/- with

a direction the respondent to pay the same with interest at

9% p.a.

2.

While MFA.No.202347/2018 is filed by petitioner

seeking enhancement of compensation, MFA.No.200228/2019

is filed by respondent/Insurance Company with a prayer to

dismiss the claim petition.

3.

For the sake of convenience, the parties are

referred to by their rank before the Tribunal.

4.

FACTS: It is the case of the petitioner that on

04.07.2017 at 7.30 a.m, petitioner was proceeding on motor

cycle bearing registration No.KA-32/EN-6249 (‘offending

vehicle’ for short) belonging to him. On Raichur-Gobbur Road,

4

near Kalmal bus stop, accident occurred due to the rash or

negligent driving by the offending vehicle. In the said

accident, he sustained grievous injuries. Immediately, he was

shifted to Raichur Institute of Medical Sciences. Later on he

took treatment at Navodaya Ho