UNITED INSURANCE CO LTD Vs. MUTHAMMA

JUDGEMENT

(1.) THESE appeals are directed against the common judgment and award passed in m. v. c. nos. 597 and 598 of 1987 respectively with interest at the rate of 6 per cent per annum and costs.

(2.) THE petitioners in m. v. c. nos. 597 and 598 of 1987 along with other two petitioners in m. v. c. nos. 596 and 586 of 1987 filed petition for compensation stating that both these petitioners were working at gurudevashram, devaragudda, kalmanje village in belthangady taluk. They were travelling in the jeep bearing No. Meg 3586 belonging to respondent No. 3 ashram and insured with respondent No. 4 on 29. 3. 1987 at about 10. 30 a. m. from ujire side towards mangalore side. The k. s. r. t. c. bus bearing No. Myf 9032 belonging to the respondent No. 2 came from the opposite side and dashed against the jeep. Initially the petitioners had made only the driver of k. s. r. t. c. as respondent alleging negligence. Subsequently the owner and the insurer of the jeep were made parties. The petitioners in m. v. c. nos. 596 and 586 of 1987 took up the matter before lok adalat and the matter was settled. The k. s. r. t. c. has made the payments according to the compromise arrived at.

(3.) THE tribunal after recording the evidence, viz. , pws 1 to 3, accepting the documents exhs. P1 to p8 and recording the evidence of dw 1, has passed the award holding that the driver who died in the same accident was responsible for the accident.