( 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 ("m. A. C. P. " 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 turtle. It received extensive damage. Its driver also received injuries. It is the say of one set of claimants/petitioners who occupied the S. T. Bus either as passengers or driver that bus was driven at moderate speed and when it reached village Majop, the driver reduced the speed since he saw a tanker approaching from opposite direction. According to them, it was being driven at excessive speed since it was trying to overtake another tanker which was going ahead of it, and in the process it dashed with the s. T. Bus. According to them the accident occurred because of the rashness and negligence of the driver of the tanker. The say of the other side which is another set of claimants/petitioners is that it was the driver of the S. T. Bus who drove the vehicle in middle of the road at a high speed and he caused the accident. In short, both the sets of claimants/petitioners have tried to throw the blame on each other.

( 2 ) SO far as the parents of deceased Ramilaben are concerned, they filed m. A. C. P. No. 126 of 1980 for claiming compensation of Rs. 60,000-00, which was treated to be the main petition by the Tribunal. Shantaben was passenger in S. T. Bus and she filed M. A. C. P. No. 127 of 1981 for claiming compensation of Rs. 9,999-00. Arvindbhai Balubhai Modi was also passenger in S. T Bus and he filed M. A. C. P. No. 128 of 1980 for claiming compensation of Rs. 9,999-00. So far as the owner of the tanker is concerned, namely M/s. Deepak transport, they filed M. A. C. P. No. 45 of 1981 for claiming compensation of Rs. 60,000-00; the driver of the S. T. Bus namely, Arshibhai Jivabhai prajapati filed M. A. C. P. No. 122 of 1981 for claiming compensation of Rs. 50,000-00, where as driver of the tanker filed M. A. C. P. No. 122 of 1981 for claiming compensation of Rs. 7,550-00. All these petitions were consolidated by the Tribunal and as stated above, they were decided and disposed of by common judgment.

( 3 ) THE Tribunal recorded the evidence in M. A. C. P. No. 126 of 1980. At the end of the proceedings, the Tribunal awarded Rs. 2,000-00 to the claimants of M. A. C. P. No. 126 of 1980; Rs. 4,500-00 to the claimant of m. A. C. P. No. 127 of 1980; Rs. 4,600-00 to the claimant of M. A. C. P. No. 128 of 1980; Rs. 13,500-00 to the claimant of M. A. C. P. No. 45 of 1981; rs. 24,000-00 to the claimant of M. A. C. P. No. 59 of 1981 and Rs. 6,250-00 to the claimant of M. A. C. P. No. 122 of 1981. The claimants of M. A. C. P. Nos. 126, 127, 45 and 59 of 1981 have approached this Court and have filed first Appeal Nos. 1583, 1584, 1896 and 1426 of 1983 respectively. The S. T. Corporation has filed First Appeal No. 2025 of 1983. It has filed this appeal to challenge the award made in favour of M/s. Deepak Transport i. e. , the claim