J.N.Bhatt, J.

1. The appellant New India Assurance Co. Ltd. has questioned the legality and validity of the common and composite judgment dated 7th February, 2002 and award dated 20th February, 2002, passed in M.A.C.T. Case Nos. 41 and 42 by Shri Amresh Kumar Lal, 6th Additional District Judge-cum-Motor Accident Claims Tribunal, Chapra in respect of two claim petitions under the Motor Vehicles Act, 1988 (hereinafter called the "Act"), arising out of a road accident in which two persons lost their lives.

2. The Accident Claims Tribunal, Chapra, awarded an amount of Rs. 2,22,000.00 by way of compensation to the heirs of the first deceased namely, Hari Shankar Sharma, with interest at the rate of 9% whereas the same Tribunal awarded an amount of Rs. 2,10,000.00 with the same rate of interest at 9% to the heirs of the second deceased, namely, Birendra Sharma, from the date of the application, thus giving rise to two appeals.

3. At the time of admission, upon joint request, the two appeals were consolidated and heard together finally by calling the records and proceedings from the Claims Tribunal concerned on merits.

4. Learned Advocates for the parties have offered their submissions which are considered along with the relevant factual matrix, as well as, material legal settings of the Act.

5. The accident in question took place on 15.5.1998. On the unfateful day, deceased Hari Kishore Sharma was driving the motor bike and one Birendra Sharma was sitting on the pillion along with one another Jamadar Pandey. Thus, three persons were travelling on the motorcycle on Chapra-Masrakh Pitch Road at around 12 noon. A private travelling bus bearing registration No. BR 1P 8391 dashed against the motorcycle near village Bahrauli, as a result of which the motorcyclist, as well as, two pillion riders were thrown of the motorcycle. The motorcyclist and his brother who was sitting on the pillion sustained fatal injuries, whereas another person sustained personal injuries.

6. The heirs and legal representatives of the deceased motorcyclist and his brother filed the above mentioned two claim petitions. While in the claim petition filed on behalf of the heirs and legal representative of deceased Hari Shankar Sharma, claim of an amount of Rs. 600000.00 (six lacs) has been made in M.A.C.T. Case No. 41 of 1998, the heirs and legal representatives of deceased Birendra Sharma have made a claim for Rs. 5.00.000.00 (five lacs) in M.A.C.T. Case No. 42 of 1998 for the rash and neligent driving on the part of the driver of the private tourist bus. The bus driver was also prosecuted for the rash and negligent driving. However, there is nothing on the record to show as to what happened to the criminal case.

7. Contention of the heirs and legal representative of the deceased was that deceased Hari Kishore Sharma, at the relevant time, was earning around Rs. 3000.00 per month, whereas deceased Birendra Sharma was earning Rs. 3500 per month.

8. The owner and the insurer of the bus in question appeared. They filed written statements but no evidence was led by them. An application was filed by the insurer u/s. 170 of the Motor Vehicles Act, 1988 (hereinafter called the Act) for permission to question the liability on the ground of the driver of the bus having fake licence but it appears that no attempt was made by the insurance company to obtain the order of the Tribunal on that application for the permission to question the above on the ground other than the grounds mentioned u/s. 149(2) of the Act.

9. Upon consideration of the facts and circumstances, the Tribunal finding that the driver of the bus was rash and negligent and responsible for happening of the accident which took the life of two young people, passed awards in both the claim petitions, as aforesaid.

10. The original respondent Insurance Company of the bus - appellant New India Assurance Company Limited has come up in these two appeals questioning the impugned awards of the Tribunal.

11. Learne