R. Sudhakar, J.

1. These appeals have been filed by the Insurance Company seeking to modify the awards of the Motor Accident Claims Tribunal, Kathua, for short, the Tribunal, on two issues, viz.:-

(1) That the Tribunal failed to appreciate that it was a clear case of over-loading and breach of condition of the policy, the bus capsized and resulted in death of 54 persons and injury to 17 persons. Since the policy covers only 42 passengers excluding driver and conductor, the insurance Company will be liable only in respect of 42 claims, however, subject to parameters laid down for satisfying the claims by the Hon'ble Apex Court in National Insurance Co. Ltd. v. Anjana Shyam and others, 2007 ACJ 2129 which had arisen out of the same accident dated 06.11.1999.

(2) The second issue is for reduction of quantum of compensation.

2. The ill fated bus bearing Regd. No. JKR-8725 on 06.11.1999 was proceeding from Bani to Kathua, which was admittedly overloaded with passengers, capsized and consequently 54 persons died and 17 injured. Out of the above said accident about six claim p