( 1 ) THESE first appeals from order arise out of proceedings in a motor accidents claim petition under Section 110a of the M. V. Act, 1939.

( 2 ) ONE Chintamani was killed in an accident with a bus. The descendants of the deceased filed a claim petition and the Tribunal has awarded a sum of Rs. 78,000 with costs and interest at the rate of 9% per annum against the owner and the driver of the bus and the insurance company.

( 3 ) TWO appeals have been filed. Appeal No. 512 of 1976 has been filed by the New India assurance Co. Ltd. , the insurer. Appeal No. 493 of 1976 has been filed by the alleged driver and the owner.

( 4 ) WE have heard the learned counsel for the parties at some length. The case of the claimants was that on May 19, 1973, the deceased was going on his motor cycle from Ghiror to Mainpuri on Agra-Mainpuri Road. When he reached a place near Auran Mandal about 4 kms. from mainpuri, at about 5 p. m. bus No. PNQ 2687 coming from the side of Mainpuri dashed against the motor cycle, as a result of which he fell down and became unconscious. The bus did not stop and speeded away. Another bus No. UPG. 3103 was coming from the side of Ghiror, picked up the injured in an uncon