Honble NEOLEKAR, J. - This Appel is heard alongwith S.B.Civil Misc. Appeal No. 437/93. The new India Assurance Company Ltd. Vs. Smt. Kamla & Ors., S.B. Civil Misc. Appeal No. 452/93 The New India Assurance Co. Ltd. vs. Verda Ram & Ors. and S.B. Civil Misc. Appeal No. 459 of 1993, Oriental Insurance Co. & Ors. Vs. Kamla & Ons..

(2). With the consent of the advocates appearing for the parties common judgment is delivered in all these appeals as the questions involved are inter-linked and are in regard to one accident.

(3). In an accident two passengers of Jeep, Chhagan Lal and Babu Lal have died. Chhaganlals dependents, Verda Ram, father, Hemi Bai, mother Lila, widow and Late, daughter have filed a claim petition no. 42/88 and claim petition No. 47/88 was filed by Babulals dependents, Kamlabai, widow, Nitibai, mother, Balkishan, Raju, Chetan, sons and Meena, daughter against the New India Assurance Company, which is the insurer of Jeep No. RRT 7286 and the Oriental Insurance Company Ltd.-, which is the insurer of Truck No. RJW 3329 and Smt. Mangubai, the owner of the jeep, Nijammudin, driver of the Jeep and Jawana Ram , owner of the truck and Shantilal, driver of the truck.

(4). The Mis

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