These two appeals are filed against the judgment and

award dated 16.03.2011 passed by the MACT-IX, Ballari, in

M.V.C.No.521/2010, by the Insurance Company and the

claimant respectively questioning the contributory negligence to

the extent of 50% fastened on the Insurance Company and

seeking for enhancement of the compensation by the claimant.

The factual matrix of the case of the claimant before the

Tribunal is that on 08.03.2010 at about 2.15 p.m. when the

claimant was proceeding in an autorickshaw bearing registration

No.KA-34/9543 as a paid passenger from Kurugodu to Kolagallu

near Yerrangali village bridge on Kurugodu Ballari road, the

driver of a pick up van bearing registration No.KA-34/A-2071

drove the same in a rash and negligent manner with high speed

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from Ballari side and both the vehicles dashed against each

other. As a result of the same, the claimant sustained grievous

fracture injuries and she was admitted to VIMS Hospital, Ballari,

wherein her right leg was amputated. The claimant spent a sum

of Rs.1,00,000/- towards medical expenses. Due to the

accident, the appellant has become physically and permanently

disabled. Hence, the claimant filed claim petition b