Mr. Hemant Gupta, J.: - This order shall dispose of afore-mentioned six appeals raising common question of law; as to whether the Insurance Company is liable to pay compensation in respect of injuries/death of the passengers travelling on the roof of the bus.

2. The said appeals have been placed before us in view of the conflict of two judgments of this Court reported as The New India Assurance Co. Ltd. Vs. The Samundri Roadways Co. Pvt. Ltd. and others 1984 PLR 689 and New India Assurance Co. Ltd. Vs. Punjab Government and others 1989 (2) PLR 568. Since the issue is legal, the facts, as are necessary for appreciating the question raised, are taken from FAO No.1043 of 1991.

3. In the said case, Jai Pal (deceased) boarded the bus bearing registration No.HYM – 1438 from Rewari to go to village Dhawana. The said bus was over-loaded and so Jai Pal and other passengers boarded the roof of the bus, which was driven by Hari Chand. The bus was being driven in a rash and negligent manner. When the said bus reached in the area of village Katopur, Rewari, on Rewari-Narnaul road, a rickshaw came from the opposite direction. The driver of the bus, swerved the bus towards his left, as a