( 1 ) THE insurer New india Assurance Co. Ltd. has questioned the common judgment and award of the claims Tribunal passed in M. V. C. Nos. 635, 1148 and 609 of 1991 in so far as it relates to the liability whereas the wife, sons and mother of the deceased Pushparaj in M. V. C. No. 635 of 1991 being dissatisfied with the quantum of compensation awarded at Rs. 2,13,000 preferred M. F. A. No. 1731 of 1994.

( 2 ) THE brief facts of the case are as follows: that on 1. 2. 1991 at about 9. 10 a. m. the deceased Muniswamy in M. V. C. No. 609 of 1991, the deceased S. Pushparaj in v. C. No. 635 of 1991 and another injured revanna in M. V. C. No. 1148 of 1991 were waiting for the traffic signal at the intersection of Magadi Road and west of chord Road to proceed towards Kamakshipalya on their respective vehicles. While they were so waiting for the traffic signal, that a lorry bearing registration No. CNX 5337 came at a high speed in a rash and negligent manner and dashed against them as a result Muniswamy who was sitting on the TVS 50, Pushparaj who was on his Luna bearing registration No. CAQ 6806 succumbed to injuries, whereas Revanna was able to save his life sustaining