These appeals arise out of a common judgment and consequential awards passed by the learned member, Motor Accident Claims Tribunal – II (for short ‘the tribunal’) Chitradurga, whereby the claim petitions have been rejected.

2. The appellants filed claim petitions before the tribunal under Section 166 of Indian Motor Vehicles Act, 1988, (for short ‘the Act’). The appellants are either the injured persons or the legal representatives of the deceased, who had gone to coolie work in Davanagere or in Nittur village and had boarded lorry bearing registration No.CNT-8786 on 08.06.1995 at Davanagere, to return to their villages, namely Chinnobanahally or Hirehally alongwith their paddy bags by paying in all Rs.1,100/-as hire charges to the driver of the said lorry and when the said lorry was going near Lokikere cross, its driver drove the same at high speed in rash and negligent manner, as a result of which, the lorry toppled down and capsized and the accident took place, as a result of which, few persons travelling in the lorry died and the others sustained grievous injuries, who were all shifted to the District Hospital, Chitradurga, wherein they took treatment. The said lorry