Judgment

Lokeshwar Singh Panta, J.—These two appeals involve identical questions of facts and issues, and are, therefore, disposed of by this common judgment.

2. Civil Appeal Nos. 3731-3732 of 2002 are filed by the appellant impugning two judgments and orders dated 19th July, 2001 passed by the Division Bench of the High Court of Gauhati in M.A.C. Appeal No. 56 of 2000 and in Writ Petition (C) No. 4418 of 2000. Facts of Civil Appeal No. 3731/2002 shall cover the facts of the other Appeal No. 3732 of 2002.

C.A. No. 3731 of 2002

3. Facts in brief are that on 15.4.1988 at about 4.00 p.m. an accident took place at Kharjan Pol of Sahab Pathar, Tingrai, a place between Tinsukia and Digboi in the State of Assam wherein two vehicles, namely, Maruti car bearing registration No. UPI 237 and a bus bearing registration No. ASQ 8446, were involved in a head-on collision. Raj Kumar Dugar, the owner of the Maruti car, died in the accident on the spot. Bidya Dhar Dutta, respondent No. 1, is the owner of the bus and Ajay Baruah, respondent No. 2 herein, was driving the offending bus, when it met with an accident. The bus was insured with the Oriental Insurance Company Limited-respondent No.3. The car o