1. Velunni, fourth respondent in M.A.C.No. 239 of 1981 and 242 of 1981 is the appellant in M.F.A.No. 601 of 1983 which is preferred against the judgment in M.A.C. No. 242 of 1981 filed by legal representatives of Mohandas. Legal representatives of Pangunni, petitioners in M.A.C. No. 239 of 1981 are the appellants in M.F.A.No. 638 of 1983. They are not parties to M.A.C.NO.242 of 1981 or M.F.A.No. 601 of 1983.

2. On 7-6-1981 at about 5.15 p.m. when Pangunni was driving from south to north motor cycle KLR 1736 with Mohandas on the pillion at Cherampadam in Kinassery amsom in Palghat taluk, stage carriage bus KLP 7933 came from the opposite direction and hit the motor cycle which along with the driver and the pillion rider was dragged over a distance. Both of them sustained fatal injuries and died. Owner, driver and insurer of the bus were impleaded as respondents 1 to 3 respectively in both the claim petitions. Velunni, owner of the motor cycle, and the insurer of the motor cycle were impleaded in both the claim petitions as respondents 4 and 5 respectively. Claimants contended that the occurrence was the result of rash and negligent driving by the driver of the stage carri