THE ORIENTAL INSURANCE COMPANY LTD. Vs. GEETA

JUDGEMENT

(1.) SRI R.R. Mane, learned counsel takes notice in M.F.A. Cr. Ob. No. 865/2012 and M.F.A. Cr. Ob. No. 861/2012 for United India Insurance Co. Ltd. Sri S.K. Kayakamath, learned counsel takes notice for respondent No. 4 -Oriental Insurance Co. Ltd. in M.F.A. Cr. Ob. No. 865/2012 and M.F.A. Cr. Ob. No. 861/2012. Though the appeals and the cross objections are listed for admission, they are taken up for disposal with the consent of counsels appearing for respective parties.

(2.) DURING the night intervening 5th May 2012 and 6th May 2012, deceased Sunil and his twin brother Anil were travelling in VRL bus bearing No. KA -25 -A -854 from Gadag to Bangalore. During the very night when the bus reached near Adivala village of Hiriyur Taluk, a lorry bearing No. KA -01 -A -5150 came from the opposite direction in a rash and negligent manner and collided with the VRL Bus. At the same time, another bus, i.e., Kamat bus bearing No. KA -01 -FD -491 which was coming behind the VRL bus hit on the rear side of the VRL bus, since the VRL bus suddenly stopped due to the impact with the lorry. Because of this ghastly accident, the driver of VRL bus and three passengers travelling in the VRL bus died. Twin brothers Sunil and Anil are amongst the three unfortunate victims, who were travelling in the bus. It is also relevant to note that driver and cleaner of the lorry also expired in the very accident. All these people died on the spot. All the three vehicles were damaged to a greater extent.

(3.) THE appeals are filed by Oriental insurance Co. Ltd., questioning awards made against it in M.V.C. No. 194/2002 and 195/2002. M.F.A. No. 22150/2009 is filed against the award made in M.V.C. No. 194/2002 whereas M.F.A. No. 22149/2009 is filed against the award passed in M.V.C. No. 195/2002. Cross objections are filed by the claimants praying for enhancement of compensation. M.F.A. Cr. Ob. No. 865/2012 is filed in M.F.A. No. 22150/2009 and M.F.A. Cr. Ob. No. 861/2012 is filed in M.F.A. No. 22149/2009. All the matters are heard together and decided by the common judgment.