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R.K.MANISANA SINGH, H.K.SEMA
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
KA SYNSHAR BAREN – Respondent


Advocates Appeared:
For the Appellant : K.B. Paul and R. Chowdhury
For the Respondent: A Sarma and B. Dutta, Government Advs.

JUDGMENT :

R.K. Manisana Singh, J.

1. This batch of appeals, namely, M.A. (F) Nos. 3, 4, 6, 8, 9, 10, 11, 13, 15, 16, 19, 20, 21, 22, 24, 25, 28, 33, 37 and 38 of 1987 and MA (F) Nos. 1, 2, 3, 5, 6, 10, 11, 13, 15 to 20, 26, 29, 32, 34, 35 and 36 of 1988, can be disposed of by a common judgment as they are from a common judgment passed by the Motor Accidents Claims Tribunal, Shillong in MAC. Case Nos. 3 to 11, 14, 18, 19, 22, 30, 33, 36, 37, 42, 43 and 51 of 1983. The appeals of 1987 were filed by the insurance company and the appeals of 1988 were filed by the Meghalaya Transport Corporation, for short 'the MTC.

2. The brief facts of the case are thus. This bus bearing registration mark MLX 222 belongs to the MTC. On 30.8.1982, while the bus was carrying passengers, it met with an accident. As a result of the accident eight passengers died and some other passengers who were travelling in the same bus received injuries. In all, 38 claim cases were filed. All those claim cases were tried jointly and 37 cases were disposed of by a common judgment. The Tribunal awarded compensation in 37 cases. Against the awards, the insurer has filed 37 appeals and MTC has filed another 37 appeals. On p

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