1. Sri F.S. Dabali, learned Counsel appeared for the claimants and Sri S. Srishaila, learned Counsel appeared for respondent No. 5, Sri Marigowda, learned Counsel appeared for respondent No. 3, Insurance Company. None appeared for respondent No. 2.

2. This order shall also govern disposal of connected appeal as both have been preferred against the same award passed by M.A.C.T., Mandya on 13.01.2003 in M.V. Case No. 811/97 (Smt. K.C. Roopa and Ors. v. Divisional Controller and Ors.),

3. Certain material facts of the case in nut shell are as under:

Deceased Shivanna had come to Bangalore on 07.05.1997, for the purposes of selling vegetables at Sri Vinayaka Mandi Market. After selling vegetables he started for his home in a car bearing No. GDE 572 along with others. It was being driven by its driver and belonged to respondent No. 2 V.K. Babu and was insured with respondent No. 3 United India Insurance Co., Ltd. The car was travelling on Bangalore-Mysore road and it was being driven in a rash and negligent manner. A bus belonging to respondent No. 1, Karnataka State Road Transport Corporation (hereinafter referred to as K.S.R.T.C.) bearing registration No. KA-09-F 1506 was coining