JUDGMENT :

P. KRISHNA BHAT, J.

1. These two appeals are at the instance of insurance company calling in question the legality and correctness of judgment and award dated 19.03.2010 passed in MVC Nos. 136/2010 and MVC No. 19/2010 by the District Judge, Addl. MACT-II, I Fast Track Court, Shimoga.

2. The claim petitions proceeded on the allegation that, among others deceased Puttappa and claimant Rathnamma were proceeding from Bangalore to Shikaripura on 10.01.2005 in motor vehicle bearing Registration No. KA-27-M-1570 and at about at 3.30 a.m. and when the vehicle reached near Sadhana Theatre, Arasikere, on account of rash and negligent driving of the driver control over the vehicle was lost and said vehicle dashed against a big tree resulting in death of Puttappa and injuries to Rathnamma and several others.

3. Before claims Tribunal, respondent Nos. 1 and 2 - driver and owner of the offending vehicle remained ex-parte. Respondent No. 3-insurance company filed a detailed written statement denying the material averments made in the claim petition.

4. During the trial, PW-1 and PW-2 were examined and Exs.P-1 to P-11 were marked on behalf of claimants. One of the officials of insurance comp