These appeals under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as ‘the Act’,

for short) have been filed by the respondent No.2-

Insurance Company being aggrieved by the judgment

dated 17.11.2012 passed in MVC Nos.1769 and 1770

of 2010 by the Motor Accident Claims Tribunal-V,

Bijapur.

For the sake of convenience, parties are referred

to as per their ranking before the Claims Tribunal.

Appellant is respondent No.2, claimant in MFA

No.31599/2013 is claimant No.1 and respondent No.2

4

is respondent No.1 before the tribunal. These appeals

arise out of the common judgment passed by the

tribunal and they are taken up together for final

disposal.

2.

Facts giving rise to the filing of the appeal

briefly stated are that on 22.07.2010 at about 8.30

a.m., when the petitioners were proceeding on

motorcycle

bearing

registration

No.MH-45/J-0687

towards Ganapati temple, the petitioner Vijay was the

rider and Pratiba was the pillion rider, while they were

proceeding so near Vande Mataram Chowk infront of

MSEB office of Mahod road in Sangola, at about 8.30.

a.m., a truck bearing registration No.MWE-5295 came

from opposite side in high speed, rash and negligent

manner an