B.P. Katakey, J.

1. By these appeals the insurance company has challenged the common judgment and award dated 26.3.2004 passed by learned Member, Motor Accidents Claims Tribunal, Dimapur, Nagaland awarding compensation to the claimants for the death of passengers travelling in a bus bearing registration No. NL 01-B 0273 belonging to Thangkhomang Sitihon, on the ground that death of the deceased passengers were not accidental arising out of the use of the motor vehicle but purely murder.

2. The facts leading to the filing of the present appeals in brief is that the claimants filed applications under Section 166 of the Motor Vehicles Act, 1988 (in short 'the Act') claiming compensation for the death of the passengers travelling in the bus bearing registration No. NL 01-B 0273, stating, inter alia, that on 9.12.1996 at about 6.30 a.m. the vehicle was proceeding from Athibung to Dimapur via Jalukie with about 40 to 45 passengers, that while the bus was passing through a jungle area before Kiyevi village, some people coming from the opposite direction stopped the bus and informed its driver that they had definite information of the presence of some armed people in and around Jaluk