VENKATACHALA, J. :- M.F.0A. Nos. 227 and 363 of 1975 under Section 110-D of the Motor Vehicles Act, 1939 (to be referred to as the Act), have arisen from the common order and separate awards dated 28-2-1975 of the Motor Vehicles Accidents Claims Tribunal (to be referred to as the Tribunal), Bijapur, made in Misc. Cases Nos. 38 and 28 of 1973 - claim cases filed under Section 110-A of the Act.

2. The material facts and circumstances leading up to these appeals lie in a narrow compass and they may be summarised thus : A goods vehicle bearing registration No. MYR 3739 was being used by its owner, a public carrier, for carriage of goods from Bijapur to Talikot. On 3-3-1973, when the said vehicle was carrying goods from Bijapur to Talikot, it met with an accident at 6 P.M. near a place called Hitnalli as the driver of the vehicle failed in his attempt to successfully negotiate the vehicle in a sharp curve on the road. As a result of the accident, six persons in the vehicle including one Somappa Mallappa Nidagundi of Talikot, the owner of certain goods who had hired the vehicle for carrying the goods and Balappa Bajentri, the cleaner of the vehicle, sustained fatal injuries and d