JUDGMENT :

K. Natarajan, J.

Though these cases are listed for hearing on interlocutory application, with the consent of both the counsel, it is heard finally. M.F.A. Nos. 101662/2018 and 101661/2018 are filed by the NWKRTC assailing judgment and award passed by the IV Addl. Senior Civil Judge and Addl. MACT, Dharwad (hereinafter referred to as 'the Tribunal', for short) in MVC Nos.861/2016 and 862/2016, whereas MFA No.103051/2018 is filed by the claimants assailing the judgment and award passed by the same Tribunal in MVC No.862/2016 by the common judgment and award dated 17.01.2018.

2. Heard the arguments of the learned counsel for both the parties.

3. For the convenience, the rankings of the parties before the Tribunal are retained.

4. The claimants in MVC Nos. 861/2016 as well as 862/2016 is that, the 1st claimant filed claim petition No.861/2016 under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) claiming compensation of Rs.10,00,000/- for the injuries sustained by him in the road traffic accident and he himself and his children filed claim petition in MVC No.862/2016 claiming compensation of Rs.25,00,000/- for the death of Farhana, wife of the first claimant, inter-alia contending that, on 16.09.2016, when the 1st claimant along with his wife Farhana and son were proceeding on their motorcycle bearing registration No.KA-17/L-5100 from Hubli to Dharwad, as rider and pillion rider, when they reached near Boroka Textile on P.B. Road at about 5.15 pm, at that time a NWKRTC bus bearing registration No.KA-28/F-1492 came from Hubli towards Dharwad in a rash and negligent manner and dashed to the motorcycle while trying overtake the motorcycle, due to which the claimant sustained injuries and his wife also sustained grievous injuries and while shifting to the hospital, she succumbed to the injuries. The claimant contended in his case MVC No.861/2016, that he was stayed as inpatient in the hospital for almost 9 days. He has spent huge amount towards medical expenses. Due to the injuries he has suffered disability and he has lost earning capacity and also lost the income during the laid up period. Hence he prayed for granting of compensation in his case. Further, as a claimant in MVC No.862/2016, it is contended that, his wife deceased Farhana was doing tailoring work as well as working as a house maid and earning Rs.15,000/- per month. She used to contribute the entire amount to the whole family and due to the untimely death they lost her earning and her two minor children have lost love and affection of their mother. He has spent a huge amount towards funeral and other expenses. Hence he prayed for awarding compensation on various heads.

The respondent-Corporation appeared through its counsel and filed separate written statements in both the cases by taking the contention that the alleged accident was occurred due to the rash and negligent riding of the rider of the motor cycle i.e., the 1st claimant himself. There is no rash and negligence on the part of the driver of the NWKRTC bus. It is also contended that the 1st claimant was driving the motorcycle in intoxicated condition and due to his fault the accident had occurred and therefore they are not liable to pay any compensation. Further contended that the petition is suffered from non-joinder of necessary party. The 1st claimant did not held any valid and effective licence at the time of accident. Further they contended that the amount claimed in the claim petitions is exorbitant and excessive and prayed for dismissal of the claim petitions.

5. Based upon the rival pleadings, the Tribunal framed the following issues: IN MVC No.862/2016 i. Whether the petitioner proves that on 16.09.2016 he along with his son and wife were proceeding from Hubli to Dharwad, in a Motor Cycle bearing Registration No.KA-17/L-5500, when they came near