M SUBRAYA PRABHU S/O KRISHNA PRABHU AND ORS Vs. CHIDAMBARA RAO JAMBE, S/O GOVINDAPPA; BRANCH MANAGER, UNITED INDIA INSURANCE CO LTD AND ORS

JUDGEMENT

(1.) As all these appeals and cross objection arise out of the same accident that occurred at about 5 p.m., on 12.06.2003, they were heard together and are being disposed of by this common judgment.

(2.) The appellant in M.F.A.No.4644/2008 being the claimant in M.V.C.No.95/04 on the file of the Civil Judge (Sr.Dn) & Addl.M.A.C.T., Sagar, is dissatisfied with the quantum of compensation awarded by the tribunal. Appellant in M.F.A.No.5620/2008 was respondent No.2 in M.V.C.No.95/04 and he is the owner of the tempo trax bearing registration No.KA-15/1950.

(3.) According to the case of the claimants in both the claim petitions M.V.C.Nos.95/04 & 163/04, while they were talking to each other by the side of the road near Masthikodlu cross of Heggodu in Sagar taluk at about 5 p.m., on 12.06.2003, tempo trax bearing registration No.KA-15/1950 came from Mundigesara village driven by its driver in rash and negligent manner and dashed against them, as a result of which, they sustained grievous injuries. Thus according to the claimants, the accident occurred on account of rash and negligent driving of the tempo trax by its driver. The claim petition was contested by the insurer of the tempo trax.