1. -These five appeals arise out of the common Award dated 29.5.1995 passed by the Judge, Motor Accident Claims Tribunal, Rajsamand and relate to the same accident and, therefore, all these five appeals are being disposed of by this common judgment.

2. The brief facts of the case are that on 8.6.1989 at about 6.30 p.m., truck No. RPA 9876 over-turned on the public highway near village Mokhampura. The accident took place on account of the rash and negligent driving of the truck by its driver Devi Singh. The truck was owned by Modi Lime Products. The labourers, who were travelling in/on this truck received injuries on account of this accident. The injured were taken to the hospital where they were medically treated. Injured Dungar Singh, Ram Singh, Kesar Singh, Chamna, Bhanwar Singh and Saw Singh filed claim petitions against driver Devi Singh, owner Modi Lime Products and the United India Insurance Company before the Motor Accident Claims Tribunal, Rajsamand for the award of compensation. Since all these claim petitions relate to the same accident, therefore, the learned Judge of the Tribunal, by its order dated 21.7.1990, consolidated these claim petitions and recorded the evidence in Dungar Singh v. Devi Singh & Ors., Claim Petition No. 87 of 1989 . During the pendency of the claim petitions, injured claimant Kesar Singh (claimant in Claim Petition No, 89 of 1989) died and his legal representatives did not approach the Tribunal and, therefore, the claim petition filed by Kesar Singh became abated.

3. The claim petitions were contested by the owner of the vehicle as well as by the insurance company. The claimants, in the remaining five claim petitions, examined themselves as PW 1 Dungar Singh, PW 2 Ram Singh, XW 3 Chamna, PW 4 Bhanwar Singh and PW 5 Saw Singh and got exhibited the site inspection note (Ex. 1), injury report of Dungar Singh (Ex. 2), X-ray report of Dungar Singh (Ex. 3), Admission Slip of Doongar Singh (Ex. 4), injury report of Ram Singh (Ex. 5), X-ray report of the injuries received by Ram Singh (Ex. 6) and Discharge Ticket of Ram Singh (Ex. 7), injury report of Chamna (Ex. 6), X-ray report of Chamna (Ex. 9), injury report of Bhanwar Singh (Ex. 10), injury report of Saw Singh (Ex. 11) and X-ray report of Saw Singh (Ex. 12). The non- claimants examined NAW 1 Shri V.D. Gupta, Branch Manager, United India Insurance Company, Rajsamand and placed on record the insurance policy (Ex. A/1).

4. The learned Judge of I he Tribunal, by its Award dated 29.5.1995 awarded the compensation amounting to Rs. 15,000/- to claimant Dungar Singh in Claim Petition No. 87 of 1989, Rs. 15,000/- to claimant Ram Singh in Claim Petition No. 88 of 1989, Rs. 20,000/- to claimant Chamna Gurjar in Claim Petition No. 90 of 1989, Rs. 10,000/- to claimant Bhanwar Singh in Claim Petition No. 91 of 1989 and Rs. 25,000/- to claimant Saw Singh in Claim Petition No. 92 of 1989. Claim Petition No. 89 of 1989 filed by Kesar Singh was di missed being abated. It is against this Award dated 29.5.1995 that the owner of the vehicle, i.e., Modi Lime Products, has filed the present appeals.

5. It is contended by the learned counsel for the appellant that there is no evidence available on record to show that the accident took place on account of the rashness or negligence on the part of Devi Singh - the driver of the truck and the claimant sustained injuries because of this accident and in the absence of any evidence to substantiate the rash and negligent driving of the truck by its driver Devi Singh, the claimants are not entitled for any compensation. It is, also, submitted by the learned counsel for the appellant that the claimants were neither in the employment of the appellant nor any money was charged from them as the fare and as such the claimants were the gratituous passengers and, therefore, they are not entitled for any compensation. It is, also, submitted by the learned counsel for the appellant that the compensation awarded by the learned Jud