ORAL ORDER

(PER: THE HON'BLE MRS. JUSTICE GEETHA K.B.)

MFA No.21349/2013 and MFA No.22728/2013 are filed by the appellants-claimants under Section 173(1) of the Motor Vehicles Act, challenging the judgment and award passed in MVC No.52/2007 and MVC No.53/2007 dated 17.01.2013 on the file of M.A.C.T-3 Bagalkot. Said M.V.C. Petitions are dismissed by the Tribunal. Aggrieved by the same, the present appeal is preferred.

2. Parties would be referred with their ranks, as they were before trial Court for the sake of convenience and clarity.

3. Appellants-claimants in both MVCs claimed to be the legal representatives of deceased Dr.Shivayogi son of Basappa Shabadi and his wife Smt.Sunanda, who died in the motor vehicle accident.

4. The brief facts of the case of claimants are as follows:-

On 30.12.2005, at about 19.30 hours, Dr. Shivayogi son of Basappa Shabadi was driving his Maruti 800 car bearing number KA-29-M-1487 with his wife Smt.Sunanda on Baglkot-Hungund road and when they were proceeding towards Kamatagi, about 3 km after passing Shirur village on Kamatagi road, a lorry bearing No.KA-22/B-3327 came from Bagalkot side towards Kamatagi and overtook the vehicle of the deceased with high