ORDER :

1. Leave granted. National Insurance Company Ltd. (in short “the Insurance Company”) is before us against the judgment and order passed by the High Court of Himachal Pradesh at Shimla in four first appeals, two preferred by the Insurance Company and two preferred by the claimants, which were heard together and disposed of by the common impugned order dated 28-7-2005 National Insurance Co. Ltd. v. Savitri Devi, FAO No. 143 of 2000, decided on 28-7-2005 (HP). According to the appellant Insurance Company, no liability could have been fastened on it as admittedly, on the date of the accident on 12-11-1996, a barat was being carried in a Tata mini open truck, bearing Registration Number HPK 9276. It is unfortunate that in the said accident, four persons including the owner-cum-driver of the mini truck had lost their lives.

2. Since four persons had died, obviously, four claim petitions came to be filed before the Motor Accidents Claims Tribunal II, Kangra at Dharamshala (in short “the Claims Tribunal”). On the strength of the pleadings of the parties, the Claims Tribunal framed Issue 4, which is relevant for deciding the aforesaid appeals as mentioned hereinbelow:

“Whether the ve