Two appeals under MAC Appeal No. 162/2003 and 163/2003 have come-up for hearing as analogous items in view of the fact that both the appeals have arisen from the same accident. By judgment and order dated 04.07.2003 passed in the MAC Case No. 374/1999 and MAC Case No. 375/1999 the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati awarded amount of Rs. 4,40,000/- to each of the two claimants as compensation amount. The case involved in these two appeals may be briefly stated thus:

2. On 04.02.1999 a cultural troupe known as ‘Bhaiya Mama Group’ held a cultural show of 770th anniversary of Chowlung Shukafa held at Charidew and there from while returning by Tata Sumo vehicle bearing Registration No. DL-C-6-6853 it met with an accident at Bhergaon under Khetri P.S. as the said vehicle was hit by Omni Bus bearing Registration No. AS-01-D-6566, coming from the opposite direction. In the accident five artists including driver died on the spot. The sons of the claimants of these two appeals have also died.

3. It is not in dispute that both the aforesaid vehicles were under the insurance coverage of the National Insurance Company Ltd. which is the respon