SUBHAS Vs. VENKAPPA

JUDGEMENT

(1.) Though these matters are listed for orders, with consent of the learned counsels appearing on both sides, these matters are taken up for final disposal , as service is complete.

(2.) The claimant being dissatisfied with the common judgment and award dated 25.9.2013, passed in MVC No.2028/2011 and MVC No.2025/2011, by the Senior Civil Judge and Addl. MACT, Saundatti , have filed these appeals.

(3.) It is the case of the claimants before the tribunal that, on 20.1.2011, the claimants were travelling from Mangaluru to Bagalkote in Bolero vehicle bearing registration No.KA-48/M-2365 via Yaragatti . At about 4.30 a.m. when they were proceeding towards Bagalkote after passing Yaragatti , near Mangesh Dhaba, the driver of the vehicle drove the same in a rash and negligent manner and in a high speed and lost control over the vehicle and dashed to the katta of a bridge on the road side, due to which the driver succumbed to the injuries on the spot. All the claimants sustained grievous injuries all over the body. The injured were immediately shi fted to primary health center and thereafter they were shi fted to Ganga Surgical and Fracture Clinic, Gokak, wherein they took treatment as inpatient and spent huge amount towards medical expenses.