GURUBASAVAIAH Vs. SHAIK SAMIULLA

JUDGEMENT

(1.) THESE appeals are by the claimants seeking enhancement of compensation awarded by the Tribunal.

(2.) AS these appeals are arising out of common road traffic accident and common judgment of the Tribunal they are heard together and disposed of by this common judgment with the consent of the learned counsel appearing for the parties.

(3.) FOR the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal. As there is no dispute regarding injuries sustained by some persons and death of one Bhagyamma in a road traffic accident occurred on 16.02.2008 due to rash and contributory negligent driving of the drivers of Maxi Cab and lorry bearing registration Nos. KA -13/A -2634 and No.KA -22/A -1613 at the rate of 50% each and the proportionate liability of the insurers of the said vehicles, the only point that arises for my consideration in the appeal is: