( 1 ) M. F. A. No. 3535 of 1999 and Cross-objection No. 28 of 2000 arise from M. V. C. No. 1768 of 1998, on the file of Addl. M. A. C. T. , Saundatti. M. F. A. No. 3536 of 1999 and Cross-objection No. 29 of 2000 arise from m. V. C. No. 1769 of 1988. They relate to the same accident and involve common questions. Appeals are filed by the owner and the insurer of the vehicle involved in the accident and the cross-objections are filed by the claimants. For convenience the appellants will also be referred to as the owner and insurer. The cross-objectors will also be referred to as claimants or by name.

( 2 ) THE respective claimant in the two claim petitions (Mahantesh B. Hanashi and Ashok Baligar) alleged that on 31. 8. 98 when Mahantesh was proceeding on scooter bearing registration No. CTB 6243 from ugargol to Saundatti, it developed some snag; therefore, he got down and along with one Ashok Baligar started pushing the scooter towards Yellamma Gudda; that at that time a Tempo Trax bearing registration No. GA 02-C 5310, driven in a rash and negligent manner, came from the opposite direction at a great speed; and its driver lost control of the said vehicle and dashed aga