(1.) MFA No.7231/2018 has been filed by the claimants and MFA No.4811/2019 has been filed by the insurance company under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) being aggrieved by the judgment dated 21.6.2018 passed by the Motor Accident Claims Tribunal. Since, both the appeals arise out of the same accident as well as a common judgment, they are heard together and are being decided by this common judgment.
(2.) Facts giving rise to the filing of these appeals briefly stated are that on 15.9.2016, when the deceased Nagaraj was proceeding on a motorcycle bearing registration No.KA-16-R-0941 as a pillion rider, near Taralabalu Mata Hosarangapura-Sirigere Cross, at that time, the rider of the said motorcycle rode the same in a rash and negligent manner and applied sudden brake since the dog was crossing the road, as a result, the deceased fell down and sustained fatal injuries and died while shifting him to Sirigere Government Hospital.
(3.) The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 41 years at the time of accident and was engaged in doing agricultural operations and was earning Rs.20,000/- p.m. The claimants claimed compensation to the tune of Rs.30,00,000/- along with interest.