JUDGMENT :

Gita Gopi, J.

1. All the present first appeals arise from the common judgment which has been decided on 06.10.2008 by the Motor Accident Claims Tribunal (Auxiliary) and City Civil Judge, Court No.17, Ahmedabad.

2. First Appeal No.4495 of 2009 challenges MACP No.304 of 2000, First Appeal No.719 of 2010 challenges MACP No.295 of 2000 while First Appeal No.720 of 2010 and First Appeal No.721 of 2010 challenges MACP No.296 of 2000 and MACP No.297 of 2000 respectively.

3. The facts of the case succinctly can be laid down as under:

3.1. The applicants of the above referred MACPs are either the injured or legal heirs of the deceased. The accident had occurred on 08.12.1999 at Beas Nallah, 33 kms away from Manali Police Station enroute to Rohtang in Himachal Pradesh. On 30.11.1999 all the victims had started travelling with a tourist party from Ahmedabad City. The tour was organized by Gandhi Tours and Travels having the head Quarter opposite Museum, Paldi Ahmedabad-7. After visiting Jaipur, Agra, Haridwar, Rishikesh, Katra, Vaishnodevi, they reached at Manali and were enroute to Rohtang on 08.12.1999 from Manali in a Maxi Cab bearing registration No.HP-02-8676. It was stated by the