SADANANDASWAMY, J.:- These appeals arise out of the awards passed by the Motor Accident Claims Tribunal, Nowgong in several Claim Cases which were disposed of by a common judgment dated 6-6-1967. These appeals are referred to this Bench since the Division Bench which heard these appeals in the first instance was of the view that there is a difference of opinion expressed in M/s. Assam Corporation v. Binu Ram (AIR 1975 Gau 3) and Asha Rani Ghose v. Common Wealth Assurance Company Ltd., an unreported decision of this Court in M. A. (F) No. 41 of 1969, disposed of on 21-2-1974 (Gau), the former decision taking the view that an award can be passed against the insurer in respect of liability arising out of injury caused in an accident to a gratuitous passenger, whereas the latter decision took a contrary view.

2. As a consequence of an accident which took place at about 12.30 P. M. on 11-1-1968 in which the bus bearing No. ASX 1092 belonging to the State of Assam and a private Ambassador Cad bearing No. ASR 1053 met with a direct collision. Bihuram Das and his minor son Karuna Kumar Das died and Robin Das, the younger brother of Bihuram Das, was seriously injured. All the three