1. Though these appeals are posted for admission, with the consent of the learned counsel appearing for both parties, they are taken up for final disposal.

2. These appeals respectively by the claimants and the insurer Oriental Insurance Co. Ltd. are directed against the same judgment and award dated 4.5.2012, passed in M.V.C. No. 437 of 2009, by the Additional Senior Civil Judge, Additional Motor Accidents Claims Tribunal, Udupi, (for short, 'the Tribunal').

3. While the claimants have filed the appeal, seeking enhancement of compensation on the ground that the compensation of Rs. 21,64,500 awarded by the Tribunal, after deducting 50 per cent for contributory negligence on the part of the rider of the motor cycle, is inadequate and the contributory negligence is liable to be set aside; the insurer has filed the appeal, seeking reduction of compensation on the ground that compensation of Rs. 21,64,500 with 6 per cent interest per annum, awarded in favour of the claimants is excessive and on the higher side.

4. The facts of the case as stated in the claim petition are that at about 5.15 p.m., on 25.11.2008, when the deceased U.K. Mohammed Asif was proceeding as a pillion rider on a motor cycle bearing registration No. KA 20 - S 9034, from Anekere to Doopadakate, near Krishna Mandir Junction, Karkala, he met with an accident on account of rash and negligent driving by the driver of an Eicher tanker lorry bearing registration No. KA 19 - B 6477. Due to the impact, the deceased sustained grievous injuries and succumbed to the said injuries on the way to the hospital.

5. It is the case of the claimants that the deceased was hale and hearty prior to the accident which resulted in his death and that he was working as an accountant in NMC Specialty Hospital, Abu Dhabi, earning a sum of 3,500 dinars (equivalent to Rs. 45,000) per month. On account of the untimely and unnatural death of the deceased, the claimants, who are parents and sister of the deceased have lost the love and affection and financial support apart from moral and social security and, therefore, they have to be compensated.

6. On account of the death of the deceased in the road accident, the claimants filed the claim petition before the Claims Tribunal seeking compensation of a sum of Rs. 75,00,000 against the owner, driver and insurer of the offending lorry. The said claim petition had come up for consideration before the Tribunal on 4.5.2012. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 21,64,500 under different heads with 6 per cent interest per annum from the date of petition till the date of deposit after deducting 50 per cent towards contributory negligence fixed on the part of rider of the motor cycle. Being aggrieved by the quantum of compensation awarded by the Tribunal as inadequate and also the contributory negligence fixed by the Tribunal at 50 per cent, the claimants have filed the appeal seeking enhancement of compensation and to set aside the contributory negligence and being aggrieved by the quantum of compensation as excessive and exorbitant, the insurer of the lorry has filed the appeal seeking reduction of compensation.

7. We have heard Mr. K.A. Ariga, the learned counsel appearing for appellants, and Mrs. Harini Shivananda, learned counsel appearing for insurer, gone through the grounds urged in the memorandum of appeals filed by both the claimants and also the insurer carefully and perused the impugned judgment and award passed by the Tribunal, including the original records placed before us.

8. The learned counsel appearing for the claimants vehemently submitted that the Tribunal grossly erred in not awarding reasonable compensation towards loss of dependency and that the compensation awarded towards loss of dependency as also conventional heads is on the lower side. To substantiate the said submission,