These two appeals arise out of the judgment and

award dated 09.01.2013 passed by the Court of II

Additional Senior Civil Judge and Member, Addl.

M.A.C.T., Belagavi (hereinafter referred to as the

‘Tribunal’ for brevity) in MVC No.301/2011.

Though

these

appeals

are

listed

for

admission with the consent of the learned counsels

appearing for the parties, the appeals are taken up

for final disposal. The parties to these appeals are

referred to by their rankings before the Tribunal for

the purpose of convenience.

3.

Brief facts of the case that would be

relevant for the purpose of disposal of these appeals

are:

The claimant had filed a claim petition under

Section 166 of the Motor Vehicles Act, 1988 (for

short,

the

‘Act’)

claiming

compensation

of

`5,00,000/- with interest on account of the injuries

4

sustained by him in a road traffic accident that had

taken place on 14.02.2006. It is the case of the

claimant that on 14.02.2006 when he was traveling in

a motorcycle bearing registration No.MH-07/J-4652

as a pillion rider from Chaukul to Savantawadi, the

rider of the motor vehicle who was riding the

motorcycle in a rash and negligent manner dashed

against a pick up van bearing registrat