( 1 ) ADMITTED. The matter is heard finally by consent.

( 2 ) THIS appeal arises from the judgment and award dated 10. 2. 1999 passed by the principal district judge and motor accidents claims tribunal, dharwad, in mvc No. 657 of 1996.

( 3 ) THE said claim petition was filed by the widow, mother and minor son of one subhash thakkar, a businessman who died in a motor accident on 1. 5. 94. According to the claimants, on 1. 5. 94 when the said subhash thakkar was travelling in maruti car bearing No. Ka-25-m-1606 on the poona-Bangalore road (near heggana- halli gate, sira), a lorry bearing No. Gqa 6062 came at a high speed being driven in a rash and negligent manner and dashed against the car; and as a consequence, the said subhash thakkar sustained injuries and subsequently died as a result of the said injuries. Feeling aggrieved, the claimants filed mvc No. 657 of 1996 claiming a compensation of Rs. 50,00,000. Two others who were travelling in the said car also died as a result of the injuries sustained in the said accident and their lrs filed mvc nos. 654 and 656 of 1996.

( 4 ) INITIALLY, the claim petitions were filed against the four respondents, i. e. , the driver