Challenging award dated 22.03.2016 passed by Court

of the VIII Additional District and Sessions Judge, Belagavi,

in MVC no.2737/2012, these appeals are filed.

While MFA No.104123/2016 is filed by claimant

for enhancement of compensation, MFA No.101921/2016 is

filed by insurer challenging award in MVC No.2737/2012.

Brief facts as stated that on 09.10.2011 when

claimant-Namdev S Mane was riding motorcycle bearing

registration no.MH-07/M-7780, with Balu @ Parashuram K

Pawar as pillion, near Mad ghat, Tata bus bearning

registration no.MH-08/9459 driven by its driver in rash and

negligent manner dashed against motorcycle causing

accident. Despite taking treatment rider and pillion rider he

did not recover fully and sustained grievous injuries and

disability. Claiming compensation for same, claimant herein

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filed claim petition against owner and insurer of bus and

motorcycle under Section 163-A of Motor Vehicles Act.

4.

On contest, tribunal framed issues, recorded

evidence for claimants through P.Ws.1 and 2, marked

Exs.P.1 to P.15 and for Insurer through RW.1 and marking

copy of insurance policy as Ex.R.1. Thereafter, it held

accident occurred due to rash and negligent driving of b