1. 1. In all these four appeal, the judgment and award dated 16-10-1985 of the Motor Accident Claims Tribunal, Jhunjhunu is being challenged. It is common ground that on 9-7-1982 Prem Chand and Prabhu Dayal were going on Motor Cycle No. DEX 584 from Khetri City to their village Sohil. A bus bearing registration No. RST 4831 belonging to Sophia School Khetri was coming from the side of Khetri township which collided with the motor cycle at wear about Nizampur turn. The accident resulted in death of both Premchand and Prabhu Dayal. The driver of the bus was Mahaveer. The claim petitions were filed by the claimants who are wives and children of Prem Chand and Prabhu Dayal. In the two claim petitions the question of negligence was first considered and decided and in both cases the Tribunal has found that the negligence of the driver Mahaveer is established on record. It is also being found and rightly so that since Mahaveer was negligent and the accident resulted in death of Prabhu Dayal and Prem Chand, the compensation should be paid to their wives and children.

2. The question raised before this court is two fold. Firstly, that the insurance company has come with the plea tha