BHARATI Vs. AKSHATHA KAMATH

JUDGEMENT

(1.) Mfa Nos.200396/2014 and 200475/2014 are filed by the claimants and MFA Nos.32922/2013 and 32923/2013 are filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act , for short) against the common judgment and award passed in MVC Nos.126/2011 and 127/2011 dated 31.07.2013, by the Motor Accident Claims Tribunal, Bidar.

(2.) For the sake of convenience, the parties are referred as per their ranking before the Tribunal.

(3.) Facts giving rise to filing of these appeals briefly stated are that on 06.12.2010, deceased Bakkappa and deceased Apparao were proceeding towards Ghulkheda Village, Indi Taluka on motorcycle bearing Reg.No.KA-38-J-8444, at about 8 p.m. when they came in front of Bharat Petrol Pump on BijapurSholapur road, a cruiser jeep bearing Reg.No.KA-13-P5915 came in a high speed and in rash and negligent manner and dashed against the motorcycle of the deceased. As a result of the aforesaid accident, the deceased Bakkappa and Apparao sustained grievous injuries and both succumbed to the said injuries on the spot. A criminal case was registered against the driver of the offending vehicle. The claimants being the legal representatives of the deceased filed separate claim petitions under Section 166 of the Act.