1. - Since both the aforesaid appeals arise out of the same judgment and relate to the same incident, they are, therefore, decided by this common judgment.

2. The fact giving rise to the instant appeals are that Ghewar Chand, Madan Lal, Kishan Lal, Ashok Kumar and Pawan Kumar were going from Jodhpur to Balotra (Pachpadra) on 31.10.1980 in a bus belonging to Rajasthan State Road Transport Corporation. When the bus reached at village Dhawa, a strike call was given by the Corporation employees and, therefore, the bus did not proceed ahead from Dhawa and left the passengers at Dhawa Bus Stand.

3. A jeep bearing registration No. RJT 340, owned by Pukh Raj, was coming from Jodhpur and was going towards Jasol, stopped at the bus stand, Dhawa. A request was made to the owner of the jeep Pukh Raj to give them lift as they will not be able to get some other conveyance. They requested him to leave them at Pachpadra and Balotra respectively. Pukh Raj agreed and allowed them to sit in the jeep. After taking these five or six passengers, the jeep proceeded from Dhawa to Pachpadra and Balotra respectively. After the jeep ran about a kilometre, it was stopped by the driver to check the condition of the engine as the engine was recently repaired. Pukh Raj (owner of the jeep) and Pratap (driver of the jeep) came out from the jeep and after checking the engine, went to answer the call of nature, while the other persons remained sitting in the jeep.

4. At about 9.30 p.m., a truck bearing the registration No. RRK 8435, which was being driven by Gurdayal Singh alias Daali rashly and negligently came from Jodhpur side and hit the jeep, as a result of which the jeep overturned and Ghewar Chand, Madan Lal and Bhanwar Lal came beneath the jeep. Ghewar Chand, aged 40 years and Madan Lal, aged about 15 years both died on the spot, while Bhanwar Lal was taken to Balotra Hospital, where he was declared dead. Kishan Lal, Ashok Kumar and Pa-wan Kumar also received grievous injuries in this accident. The truck driver did not stop the truck after the accident and ran away from the place of accident.

5. Legal representatives of the deceased Bhanwar Lal did not file any claim petition, whereas the legal representatives of Ghewar Chand, his widow Champa Devi and others filed Claim Petition No. 27 of 1982 for grant of compensation in the sum of Rs. 8,85,000. The parents of deceased Madan Lal, viz., Sayra Devi and Amrit Lal filed Claim Petition No. 28 of 1982 for the award of compensation amounting to Rs. 2,00,000.

6. During the pendency of the claim petition, Amrit Lal (the father of deceased Madan Lal) died and, therefore, his legal representatives were taken on record.

7. Ashok Kumar, who received injuries in the accident, also filed Claim Petition No. 29 of 1982 for the award of Rs. 50,000 as compensation.

8. The claimants and the defendants led their respective evidence before the Judge, Motor Accidents Claims Tribunal, Balotra.

9. The learned Judge, after hearing the submissions of learned Counsel for the parties and examining the documents as well as the evidence led by both of them, passed the award dated 17.5.1988 and awarded a sum of Rs. 6,40,000 as compensation with interest at the rate of 12 per cent per annum to the claimants--Champa Devi and others; Rs. 2,15,000 as compensation with interest at the rate of 12 per cent per annum from the date of filing the claim petition to the claimants-Sayra Devi and others and Rs. 42,000 as compensation along with interest at the rate of 12 per cent per annum from the date of filing the petition were awarded to the claimant--Ashok Kumar. We are not concerned in these appeals with the last award.

10. The insurance company and owner of the vehicle as the transport company under whose control the truck in question was being driven, filed separate appeals. Out of the 9 appeals, 3 appeals of Milap Transport Co. were rejected as barred by time, award against it became final. The remaining 6 appeals were heard together. Th