VISWARADHYA Vs. CHANDRAMMA

JUDGEMENT

(1.) Mfa No.1356/2016 has been preferred by the respondent No.1/appellant, being aggrieved by the judgment and award passed in MVC No.104/2013 dated 31.03.2015 by the Prl. Senior Civil Judge and JMFC, at Madhugiri. MFA No.8409/2014 has been preferred by the appellant/Insurer, being aggrieved by the judgment and award passed by MVC No.90/2013 dated 19.09.2014 passed by the Additional Senior Civil Judge MACT-13 at Madugiri.

(2.) Heard. Though the appeals are listed for orders, with the consent of learned counsel appearing for both the parties, the same is taken up for final disposal.

(3.) The brief facts of the case are that, on 21.02013, the petitioner was traveling as paid passenger in Vijayanandi bus bearing registration No.KA-51-A-3944 from Madhugiri to Koratagere, at about 5.30 p.m. when the said bus came near court building, the driver of the bus drove the same in rash and negligent manner and dashed to the Tractor and Tailor bearing Registration No. KA-05-T-3405 which came from opposite side and as a result of the same, two persons sustained injuries, one succumbed to the injuries. For having lost the bread earner and for having sustained injuries, the petitioners/claimants have filed the claim petition in MVC No.90/201