S.N. Satyanarayana J.—Second respondent. Insurance Company in MVC No.338/2005 on the file of MACT, hitradurga, has come up in appeal in MFA No.2952/2008. Similarly the same Insurance Company, which is second respondent in MVC No.704/2006 on the file of MACT, Chitradurga, has also come up in appeal in MFA No.3528/2006. Both the claim petitions are filed by two different claimants against the owner of bus bearing No.KA-14/A-9495 owned by first respondent in both the Claim Petitions and insured by the second respondent -Insurance Company, common in both the Claim Petitions.

2. Brief facts leading to filing of MFA No.2952/2008 is that on 21.11.2004 one Chikka Kariyappa, who was travelling in the bus bearing No.KA-14/A-9495 from Mathodu to Kanchipura which met with an accident near Kappanayakanahally Gate and in the said accident he succumbed to the injuries leading to his death. Hence his widow and three children filed Claim Petition seeking compensation for his death. In the said proceeding, the accident is not in dispute, ownership of the bus by the first respondent, since deceased and represented by his widow and children, was also not in dispute. It is also not in dispute th