JUDGMENT :

HANCHATE SANJEEVKUMAR, J.

1. MFA No.20278/2013 is filed by the claimant challenging the judgment and award dated 26.09.2012 passed in MVC No.2617/2010 on the file of Senior Civil Judge and Addl. M.A.C.T., Bailhongal, v seeking enhancement of compensation.

2. Whereas, MFA Nos.20634 and 20635 of 2013 are filed by the Insurance Company challenging the judgment and award dated 26.09.2012 passed in MVC Nos.2617/2010 and 980/2011 on the file of Senior Civil Judge and Addl. M.A.C.T., Bailhongal, questioning the liability fastened on it to pay compensation.

3. It is the case of claimant that the claimant-Manjula was waiting for the bus to go to her village Chikkoppa and claimant-Mallavva was travelling in the Tempo Trax bearing Reg.No.KA-28/M-851 and claimant- Shivabasappa was traveling in Cruiser bearing Registration No.KA-06/A-3611 and the drivers of both vehicles came in opposite directions to each other and dashed together and caused the accident. Therefore, the claimants sustained injuries.

4. Upon the claim petition filed by the claimants, the Tribunal while awarding compensation held that the accident was caused entirely due to rash and negligent driving of the Tempo Trax bear