ORAL JUDGMENT

Miscellaneous First Appeal No.101777/2021 is filed by the insurance company and Miscellaneous First Appeal No.100163/2021 is filed by the claimants aggrieved by the judgment and award dated 30.11.2020 passed by the learned I Additional Senior Civil Judge and JMFC, Ranebennur, in M.V.C. No.366/2019, whereby the Tribunal awarded a sum of Rs.41,32,000/- as compensation.

3. Brief facts of the claimants’ case before the Tribunal are that, on 17.12.2018, Chetan was a pillion rider on the motorcycle bearing registration No.KA.04.JQ-9469 from Davanagere towards Bengaluru after attending a marriage at Davanagere with other friends. The motorcycle was driven by Jagadeesh and when they reached near Sibara village in front of Kapra Petrol bunk at about 2:30 pm, one VRL goods lorry bearing registration No.MH-13-R-2922 driven by its driver in a rash and negligent manner came from back side and dashed to the motorcycle. Due