COMMON JUDGMENT:

A.S.VENKATACHALAMOORTHY, J.

The above Civil Miscellaneous appeals have been filed by the National Insurance Company Limited, represented by its Divisional Manager, Pudukkottai against the common award dated 22.4.1996 and made in MACT.O.P.No.1109 of 1992 and MACT.O.P.No.1112 of 1992 on the file of Motor Accident Claims Tribunal (IV Addltional Subordinate Court), Madurai. Hence both the above appeals can be disposed of by this Common Judgment.

2. The husband of the first respondent in C.M.A.No.150 of 1997 by name Subramani along with the first respondent in C.M.A.No.151 of 1997 by name Shanmugasundaram were proceeding by walk on 27.2.1991 at about 11.00 p.m. and when they reached the junction of new jail road and A.A. Road, the lorry owned by one Shanmugham (4th respondent and 2nd respondent respectively in C.M.A.150 and 151 of 1997), driven in a rash and negligent manner came from north to south and dashed against the said two persons, in which the Subramani died on the spot, while the other person by name Shanmugasundaram sustained grievous injuries.

3. Pleading as above, the heirs of Subramani viz., wife and two children filed M.A.C.T.O.P.No.1109 of 1992 c