Though these two First Appeals were heard earlier , the judgment was reserved as in some other appeals, learned counsel appearing for the parties were desirous of making further submissions on the point involved in these appeals. The said appeals were either not prosecuted or were settled. Therefore, I am proceeding to deliver the judgment.

2. These two appeals were taken up together as they arise of the same accident. One Kalabai Vithal Lahane ( the 1 st Respondent in F.A. No.365 of 1997 ) filed a Claim Petition under Section 110A of the Motor Vehicles Act, 1939 ( hereinafter referred to as "the said Act of 1939") on account of death of one Vithal in a motor accident on 8 th September, 1985. The said Vithal was the husband of the 1st Respondent.

3. One Sindhubai Kondiram Darwante ( the 1st Respondent in F.A. No.364 of 1997 ) filed a Claim Petition under Section 110A of the said Act of 1939 on account of death of one Kondiram who was her husband.

4. The accident occurred on 8th September, 1985. The deceased Vithal boarded the truck No.MHV5936 for coming to Talavade. The deceased Kondiram boarded the said truck at Loni Khurd for going Babultel. The case made out in the Claim