(1.) MFA No. 1439/2007 is filed by the owner of the bus bearing registration No. KA -16/7298 and MFA No. 7614/2007 is filed by the claimants in MVC No. 37/2005 before the Motor Accidents Claims Tribunal, Challakere. Therefore, these two appeals are heard together.
(2.) THE following facts are not in dispute in these appeals: The claimant's son by name Thippeswamy died in a road traffic accident occurred on 31 -5 -2004 at about 10.00 a.m. while travelling as a passenger in a bus bearing registration No. KA -16/7298. He was aged about 25 years, working as a Hamali in Challakere and he was a permanent resident of Chikkahalli village where the very said bus was halting at night and during the evening hours, the deceased was also cleaning the bus. It is the case of the claimants that on the date of accident, the deceased was travelling in the bus as a paid passenger from Chikkahalli to Challakere.
(3.) ONLY on the ground that during night halt at Chikkahalli, the deceased was cleaning the bus, the Tribunal without considering the evidence of the parties, held that the deceased was travelling as a cleaner and exonerated the Insurance Company from its liability. Therefore, the owner of the bus has filed a separate appeal. The claimants have also filed a separate appeal contending that the compensation awarded to them is on the lower side. Therefore, these two matters are heard together.