( 1 ) HEARD learned advocate Mr. P. V. Nanavati on behalf of the appellant- insurance Company and learned advocate mr. V. B. Gharaniya for respondents - claimants.

( 2 ) IN this group of appeals, award passed by the Motor Accident Claims tribunal at Bhavnagar in M. A. C. Petition no. 202 of 1992 (main matter) with other petitions being Nos. 203, 244, 245, 204, 235, 243, 246, 248, 254, 261, 262, 247, 282, 284, 285, 290, 291, 292, 293, 294, 297, 298, 299, 300, 301, 302, 303, 307, 308, 309, 310, 263, 264, and 266 of 1992 dated 9th April, 1996 is under challenge.

( 3 ) ALL these claim petitions arising out of one motor vehicular accident which had taken place on 14th January, 1992 at about 0. 30 Hrs. (a. m.) near outskirts of village Ambla on Bhavnagar - Rajkot State highway. As the common question of law and facts are involved in this group of appeals, the subject matter is same award, the Tribunal has consolidated and disposed of by common judgment. The Tribunal had recorded evidence in M. A. C. Petition No. 202 of 1992.

( 4 ) THE brief facts of the case are as under :in the accident in question, one mini luxury bus bearing registration number GJ- 4-T-3049 is involved and is completely burnt with its all 35 occupants. According to the claim form Exh. 48 produced by the opponent-1 before the Insurer, one girirajsinh Dilawarsinh Chudasama was driver of the said mini luxury bus at the relevant time. The whereabouts of said girirajsinh Dilawarsinh Chudasama are not known to anyone and he is also feared to be dead in this tragic accident. Looking to the immediate aftermath of the incident setting ablaze the mini luxury bus, there was no room for any of the occupants of the bus to escape. Except one ghanshyambhai Devjibhai who was also traveling in the ill fated bus, all the passengers are burnt alive. As all the dead bodies were completely burnt and reduced to ash, identification was impossible and therefore, only on, inquest Panchnama comprising the names of all occupants of the bus is prepared. According to the claimants, the driver of the said mini luxury bus was driving it in rash and negligent manner at excessive speed and endangering the human lives. The said mini luxury bus belongs to opponent-1 and was duly insured with the opponent-2 - The appellant United Insurance company Ltd. . Host of the deceased are girls aged between 20 to 25 years, working in madhav James - a diamond factory as diamond cutter. The claimants are the legal heirs and representatives of all the deceased persons, they sustained damages and great loss and therefore, claim petitions were filed before the Tribunal. All the deceased girls were working in Sihor branch of Madhav james as diamond cutting labourers. According to the claimants, all the deceased girls including the Manager of Sihor Branch diamond Factory had organised a tour programme of Tulsi-shyam (Saurashtra) and prabhas-Patan. For that purposer they had engaged one mini luxury bus bearing registration number GJ-4-T-3049 of ashapura Travels. The date and time of the tour programme was finalised and it was decided to proceed on the night of 13. 1. 1992. Accordingly, all the preparations of the tour programme were made and as decided, all the deceased were waiting for the said Mini luxury Bus at Sihor. The family members of all the deceased had come to escort the tour party and it was Just like a mini festival. The said bus started from bhavnagar and reached Sihor at 11. 45 P. M. on 13. 1. 1992. All the deceased boarded the said mini luxury bus and started for Tulsi- shyam. According to the claimants, driver of the mini luxury bus GJ-4-T-3049 was driving the said bus in rash and negligent manner, in excessive speed endangering the human lives. When the said bus reached near the turn of village Ambla, due to rash and negligent driving of driver of the said mini luxury bus, it dashed with the bridge on the road, caught fire and fell in the bridge. There was no chance for all the occu