( 1 ) THIS group of five appeals arises from the common judgment passed by the Motor Accident Claims Tribunal, Jamnagar dated 18th August, 1982 in Motor Accident Claims Petition No. 126 of 1980 [?macp? for short] and its allied matters. The claim petitions were filed, heard and decided under the provisions of Motor Vehicles Act,, 1939. Hence, these appeals are also decided in accordance with the said provisions. The proceedings before the Tribunal arose because of the vehicular accident which occurred on 16th June, 1980 around 8:45 a. m. One bus belonging to the Gujarat State Road Transport Corporation bearing registration No. GTE 5271 carrying around 25 passengers was travelling from Dwarka to Okha. When it reached near village Majop, a tanker bearing registration No. GTB 4036 came from the opposite direction and there was a collision between these two vehicles. As a result of this collision, some of the passengers travelling in S. T. Bus received injuries and one passenger, namely Ramilaben died. The driver of the bus was also injured. The driver sustained injuries including fracture, whereas, extensive damage was caused to the bus. The tanker tumbled down into a ditch and turned

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