SARMA, J.:-By this judgment we propose to dispose of two appeals under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter called the Act), namely Misc. Appeal (F) 37 and Misc. Appeal (F) 38 of 1968, arising out of Motor Accident Claims Cases Nos. 99 and 100, respectively, of 1966, which were disposed of by a common judgement dated 6-6-1968 by the Member of the Motor Accident Claims Tribunal, Nowgong.

2 The above two claims cases arose out of the same accident in which six persons travelling in a bus bearing No. ASA 3482 belonging to M/s. National Transport (India) Pvt. Ltd. (respondent No. 11 were killed, the bus being knocked off by the engine of a running train while crossing the railway lines at Noonmati Railway level crossing. The bus was engaged at that time by the B. O. C. (Pipe Line) Ltd, for transporting some of its employees residing in Gauhati town to and from their residence during the lunch hour and all the six victims were such employees.

3. It may be mentioned here that the B. O. C (Pine Line) Ltd. had contracted with M/s. National Transport (India) Pvt. Ltd. that the latters Motor Bus No. ASA 3310 would regularly carry the formers employees at the lunc