ABHILASHA KUMARI, J.

( 1 ) FIRST Appeal No. 197 of 2006, arising out of M. A. C. Petition No. 214 of 1996, and First Appeal No. 198 of 1997, arising out of M. A. C. Petition Nos. 215 of 1996, have been filed by the New india Assurance Co. Ltd. against the common judgment and award dated 23/9/2005 passed by the Motor Accident Claims Tribunal, Surendranagar. Since both these appeals have been decided by a common judgment and award, the same are being heard together.

( 2 ) BRIEFLY stated the facts, as emerge from the record of M. A. C. Petition nos. 214 and 215 of 1996, are that the accident occurred on 7/10/1995 at about 5-30 in the morning in village Sawa under Kosamba Police Station, Surat. The deceased Devuben and Vijuben along with other relatives were sitting in Jeep no. MWN No. 1126 and going from Nasik to Chotila to visit the temple of "mataji" at that place, prior to the incident. After visiting the said temple, they travelled in the said jeep to Velavadar. The Navratri festival was going on during those days. After participating in the said festival on 6/10/1995, the deceased devuben and Vijuben travelled in the Jeep No. MWN 1126, which belonged to the uncles son of the claimant in M. A. C. Petition No. 214 of 1996, who is also the brothers son of the claimant in M. A. C. Petition No. 215 of 1996. On that date, they were travelling towards Ozar village of Nasik and on 7/10/1996, the date of the accident, they reached village Sawa under Kosamba police Station, when a luxury bus came with full speed from the wrong side and hit the jeep in which they were travelling, from behind. The jeep was travelling at medium speed as per the averments made in the claim petitions. The said jeep, on being hit by the luxury bus, fell into a ditch, since the driver of the jeep could not control it due to this impact of being hit from behind. Devuben and Vijuben, who were sitting in the jeep died on the spot and the other passengers of the jeep sustained injuries.

( 3 ) IN the M. A. C. Petition No. 214 of 1996 preferred by the legal representatives of deceased Devuben. It was stated that the deceased was earning her living by looking after cattle and was earning Rs. 1200. 00 per month. In view of the loss of love and affection of the deceased, who was the wife of claimant no. 1 and mother of claimant Nos. 2 and 3 and the emotional shock suffered by them due to the death of Devuben, a compensation of Rs. 1,50,000. 00 was claimed by the said legal representative of the deceased Devuben. In M. A. C. Petition No. 215 of 1996, it was claimed that the deceased Vijuben was earning her living by rearing cattle and doing agricultural work and earning Rs. 1400. 00 per month. The claimants therein are the legal representatives of the deceased Vijuben, who have claimed a total of Rs. 1,50,000. 00 as compensation for her death on the same grounds.

( 4 ) BOTH the claim petitions were contested by the appellant-Insurance company. It was contended in the written statement filed by the appellant- insurance Company that it was the driver of the luxury bus who was responsible for the accident and the driver and owner of the jeep as well as the appellant are not at all liable to pay the compensation. The driver, owner and insurer of the luxury bus involved in the accident should have been made parties in both the claim petitions, which has not been done. The appellant has also denied the income of the deceased persons and taken the plea that the driver of the jeep did not possess a valid driving licence. The appellant has denied the liability of the Insurance Company to pay the compensation, since it is contended that the jeep involved in the accident was a carrier of goods and the deceased persons were gratuitous passengers, travelling unauthorisedly, in the jeep.

( 5 ) THE Motor Accident Claims Tribunal, Surendranagar framed the issues for determination and the first issue was answered in the affirmative by the Motor accident Claims Tribunal, which held tha

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