ON

24.08.2022,

COMING ON FOR 8PRONOUNCEMENT OF JUDGMENT9 THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

The MFA No.9117/2018 is filed under Section

173(1) of Motor Vehicles Act, 1988 (for short, 8MV Act9)

and MFA CROB No.48/2019 is filed under Order 41 Rule

22 of CPC read with Section 173(1) of MV Act,

challenging the judgment and award dated 18.08.2018

passed by the VII Additional Small Causes Judge and

XXXII ACMM, Court of Small Causes Court and MACT-

III, Bengaluru (for short, 8Tribunal9).

For the sake of convenience, the parties

herein are referred with the original ranks occupied by

them before the Tribunal.

5

MFA No.9117/2018 is filed by the Insurance

Company challenging the liability, while MFA-CROB

No.48/2019

is

filed

by

the

claimants

seeking

enhancement of compensation awarded by the Tribunal.

The brief factual matrix leading to the case is

that, on 04.06.2017 the deceased Sudhakar Babu, after

completing his work at Bengaluru was proceeding to his

residence in Jangamakote by driving Autorikshaw

bearing No.KA.53.A.8128 and at about 2.00 a.m. when

he reached near Kurubarakunte Forest Farm, a Lorry

bearing No. KA.41.A.4095, was moving in front of his

Autorikshaw, with