JUDGMENT

A. S. NAIDU, J. : The judgment dated 14th May, 2002 passed by the 2nd Motor Accident Claims Tribunal (SD), Berhampur in MAC No.631/1999 (88/1995) is assailed in MACA No.50 of 2002 by the Oriental Insurance Company which was respondent No.2 in the said MAC. The same judgment is assailed in MACA No.274 of 2003 by Smt. Bijayalaxmi Tripathy and others who were the petitioners in the said MAC. Both the appeals having arisen out of the same judgment of the Tribunal, the same were taken up for hearing to¬gether.

2. Respondents 1 to 5 in MACA No.50 of 2002 who are appel¬lants in MACA No.274 of 2003 and are respectively the widow, minor son and daughter and dependent parents of one Simachal Tripathy, had filed the aforesaid MAC before the Tribunal claim¬ing a compensation of Rs.4,00,000.00 on account of death of said Simachal Tripathy in a motor vehicle accident on 6.11.1994. It was averred by them that Simachal Tripathy was working as the Conductor in a bus bearing registration number OSN 649. On 6.11.1994 wile, as the Conductor, he was going in that bus due to rash and negligent driving of the driver, not being able to main¬tain balance fell down from the bus and a rear wheel of