JUDGMENT

S.N. Variava, J.-Leave granted.

2. Heard parties.         

3. These Appeals are against a Judgment dated 17th September, 1999 passed by the High Court of Karnataka and a judgment dated 22nd August, 2000 by which a Review Petition was dismissed.

4. Briefly stated the facts are as follows:

On 4th December, 1995 at about 2.30 p.m. one Chand Pasha and Moinuddin were returning to the village Halbarga from village Ashtoor. While they were walking on the road a tractor bearing No. KA-39/M-3 came from the direction of Bidar. On seeing the tractor Chand Pasha raised his hand to stop it as there was a ditch. However the driver could not control the tractor and it dashed against these two persons. As a result of this Chand Pasha died on the spot.

5. The legal representatives of deceased Chand Pasha lodged a claim Petition No.12 of 1996 before the Additional MACT, Principal Civil Judge (Sr. Division), Bidar. They claimed a sum of Rs. 4,50,000/-. By its Award dated 12th August 1998 MACT held that the accident was due to a rash and negligent driving of the driver. It awarded compensation in favour of the claimants in a sum of Rs. 2,07,000/- with inter