Heard both sides.

2. Since the issue involved being same and all the Civil Miscellaneous Appeals arise out of a common order and decrees, dated 5-10-1998, passed by the Motor Accidents Claims Tribunal-cum-District Judge, Guntur (for brevity "the Tribunal"), in M.V.O.P. Nos.188, 318 and 319 of 1994, respectively, we deem it appropriate to dispose of the same by this common judgment.

3. The United India Insurance Company Limited (for brevity "the insurer") has filed the appeals C.MANos.435, 469 and 556 of 1999, under Section 173 (1) of the Motor Vehicles Act, 1988 (for brevity "the Act"), against the common order and decrees, dated 5-10-1998, passed by the Tribunal, in M.V.O.P.Nos.318, 188 and 319 of 1994, respectively; while the claimants have filed the appeals C.M.A.Nos.968 and 974 of 1999, under Section 173 (1) of the Act against the common order and decrees, dated 5-10-1998, passed by the Tribunal, in M.V.O.P.Nos.319 and 318 of 1994, respectively.

4. The factual matrix is as under:

On 24-1-1994 at about 4 a.m., while the claimant in M.V.O.P.No.188 of 1994, one Dhulipala Veeraiah Chowdary (for brevity "the deceased") in M.V.O.P.No.318 of 1994 and the claimant in M.V.O.P.No.319