1. Both these appeals involve common questions of law and fact and having arisen from the same judgment they are taken up together for hearing and are being disposed of by this common judgment.

2. The facts of the case lie in a very narrow compass.

3. M.A. No. 215 of 1982 arises out of a judgment and award dt. 21-6-82 passed by Sri R.L. Bhagat, Motor Vehicle Accident Claims Tribunal, Bhagalpur in Claim Case No. 18 of 1982 which was filed by the respondents 1 to 5 thereof.

4. M.A. No. 216 of 1982 arises out of a judgment and award of the same date in Claim Case No. 19 of 1981 which was filed by the respondents 1 to 6 thereof.

5. On 29-5-1981 a truck bearing registration No. OSC 2316 was passing through Swami Vivekanand Path situate in the town of Bhagalpur. The said vehicle was being driven at a very high speed and in a most rash and negligent manner as a result whereof an accident occurred wherein one Raghubir Rajak and one Lakshmi Narayan Sarkar were killed. The manner in which the accident took place as also the place of occurrence had been discussed in details in the judgment of the learned Court below and for the purpose of disposal of these appeals it is not necessary