I.A. Ansari, J.

1. We have heard Mr. V.K. Jindal, learned senior Counsel, for the insurer appellant and Mr. S.P. Mahanta, learned Counsel, appearing on behalf of the claimants-respondents.

2. By this common judgment and order, we propose to dispose of all the appeals enlisted above, for, on the request of the learned Counsel for the parties, all these appeals have been heard together as the appeals involve largely identical facts and common questions of law, the same are capable of being disposed of together and it is conceded by the learned Counsel for the parties that the decision in any of these appeals will have a bearing on the outcome of the remaining appeals.

3. We, first, cull together the material facts and various stages, which have led to the present appeals:

(i) On 25.10.1999 at about 7 p.m., the bus bearing registration No. ML 05-9275, owned by the respondent No. 1 herein and driven by respondent No. 2 herein, while carrying contrary to the road permit, more than the permissible capacity of 38 passengers, fell into a deep gorge at Peitkynsaw-Sohra Road near Mawpykrong village in the East Khasi Hills district of Meghalaya. Many of the passengers suffered injuries an