(1.) SINCE these two appeals are arising out of the common judgment passed by the tribunal and since the common questions of law and facts are involved in both the appeals, they have been taken together to dispose off them by this common judgment.
(2.) M .F.A. No. 30847/2013 is the appeal preferred by the appellant - Insurance Company, challenging the judgment and award of the tribunal, fastening the liability on the part of the insurance company and the appellant - insurance company challenged the legality and correctness of the judgment and award passed by the tribunal on the grounds urged in the appeal memorandum of the said insurance company.
(3.) THE brief facts leading to filing of the claim petition before the tribunal is that on 8 -10 -2010 at about 10 -00 hours when the deceased was on the extreme end of the road near Chikreddy's stone crusher machine on NH -218, at that time Car bearing Regn. No. KA -48/777 came from Bijapur side in high speed and zig -zag manner, the driver being unable to control it, dashed to the deceased and caused the accident. On account of the said accident, deceased sustained grievous injuries and died. Hence the legal representatives of the deceased made the claim petition before the tribunal.