JUDGMENT :

P.G.M. Patil, J.

The insurer-National Insurance Company being aggrieved by the judgment and award dated 27/2/2013 passed in MVC Nos.1328/2012 and 1330/2012 on the file of the Fast Track Court II and Additional MACT, Belgaum, has filed these appeals.

2. It is the case of the claimants before the Tribunal that on 24/6/2011 both the deceased Amruth Arjun Nejkar and Chandrakanth Annasaheb Kuthe were proceeding on motorcycle bearing registration No.KA- 22/W-6440 was ridden by the said deceased Amruth Arjun Nejkar and another was pillion rider. While they were proceedings at about 10.10p.m., infront of Ambabai Temple at Mudhal, a tata goods vehicle bearing No. MH-09/Q-6880 was abandoned on the middle of the road causing obstruction and danger without any stone guard and signallight. This being the fact, the rider of the said motorcycle Amruth Nejkar came in contact abruptly with the abandoned Tata goods vehicle. Both the rider and pillion rider sustained injuries and succumbed to the said injuries on the spot itself. The claimants in MVC No.1328/2012 are the LRs of Chandrakan