P.G. Agarwal, J.

1. Heard Mr. C.K. Sarma Barua, learned Sr. Advocate, assisted by Mr. N. Rajkhowa appearing for the Appellant, Ajay Jaiswal. Also heard Mr. J. Singh, learned Sr. Counsel for the Claimant-Cross Objector. None appeared for the Insurance Co.

2. These two appeals, MAC Appeal No. 82/99 and MAC Appeal No. 83/99, were heard together and disposed of by this common judgment.

3. MAC Appeal No. 82/99 has arisen out of the judgment and award dated 16.7.99 passed by the learned Member, Motor Accident Claims Tribunal, Golaghat in MACT Case No. 86/96 and MAC Appeal No. 83/ 99 has also arisen out of the judgment and award dated 16.7.99 of the learned Member, Motor Accident Claims Tribunal, Golaghat passed in another case, i.e. MACT Case No. 37/96. Both these appeals were heard together, although two separate claim petitions were filed by the two claimants, the matter relates to one incident, which occurred on 13.2.1996. Sri Mahadev Debnath, claimant in MACT Case No. 86/96 and his father, Kartick Debnath (since deceased) were travelling in a night-super bus, bearing Registration No. AS-01/D-6401. While the bus reached near Nambar Reserve Forest, some unknown miscreants fired sh