PARVATI Vs. HALLUR HALAPPA

JUDGEMENT

(1.) THESE two appeals arise out of the same judgment and award and are therefore disposed of by a common order. M. F. A. 1926/85 is by the claimants who are aggrieved by the inadequacy of the compensation awarded by the Tribunal while M. F. A. 1309/86 has been filed by the Oriental insurance Company limited which has challenged the award in so far as the extent of its liability under the policy issued by it.

(2.) BRIEF facts are as under: claimants are the legal representatives of one Basavaraj who was travelling in van bearing CAI 1288 on the night intervening 8/9th April 1983 from Haveri to Davanagere. While the van was corning near Chara village on Poona - Bangalore road, a truck bearing No. MYZ 5274 came from opposite direction and there was a collision between the two vehicles resulting in the death of said Basavaraj and injuries to the claimants.

(3.) THE claimants' case is that accident took place due to rash and negligent driving on the part of the drivers of the vehicles. Claim was made against the owner, driver and insurer of both the vehicles. Claimant No. 1 is the widow of the deceased where as claimants 2 to 4 are the minor children of the deceased. The insurer of both the vehicles and other respondents contested the claim of the claimants. On the pleadings of the parties the following issues were framed: