ORDER :

1. This group of matters are preferred by Oriental Insurance Co. Ltd and The New India Assurance Company Ltd respondents in the claim petitions which arose out of the same accident. The Insurance Companies have requested for settling the liability on the other insurance company as far as negligence of the driver driving the vehicle involved in accident.

2. The Insurance Companies have raised the issue of driving licence but it is held by tribunal that have not proved the same to be defective before the tribunal which would permit the tribunal to exonerate them. The insurance companies have not proved that there is breach of policy condition. The second contention raised by both the appellants-Insurance companies is that the tribunal did not apportion the negligence of drivers of both the vehicles. The tribunal having not apportioned the negligent, the amount receivable by heirs of driver is not deducted which is bad in law.

3. The brief facts of the case are that on 19.6.1988 at about 11.15 a.m., Bus No. URJ 7389, in which all the deceased/injured persons along with the other passengers were traveling, met with an accident at Bijoli Tiraha, Meerut-Hapur Road, within the circle of P.S. Kharkhoda, District Meerut with Truck No. DHL 3616. It was a head on collision. The bus was going from Meerut to Hapur where as the truck was coming from the opposite direction towards Meerut, when the accident took place. As a result of collusion, the aforesaid bus over turned to left side. On account of this accident, Km. Kaushalya Devi, Ajay Kumar Agarwal, Smt. Mithlesh Agarwal, Bashir, Hariya, Devendra and Ashraf died where as the claimants Smt. Urmila, Km. Lovy, Shyam Lal, Raghuvir and Rajendra Singh sustained various injuries which will be described and narrated later on. The petitioners have alleged that the accident in question is the result of gross rash and negligence in driving the vehicles on the part of the drivers involved in the accident.

4. The owners of bus No. URJ 7389 have contested the claim petitions mainly on the ground that their driver-Ashraf, who also died in the accident was not rash and negligent in causing the accident. On the other hand, the driver of the motor truck No. DHL 3616 was negligent who caused the accident and collided with the bus no. URJ 7389 on their wrong side.

5. The claim petitions had been filed by the legal representatives of the deceased and by the injured persons, who sustained injuries in a motor accident which occurred on 19.6.1988 at about 11.15 a.m. at Bijoli Tiraha on Meerut-Hapur Road, within the circle of Police Station Kharkhoda, District Meerut, for compensation under Sections 92-A and 110-A of Motor Vehicle Act, 1939.

6. It may be stated that since claim petitions related to the same accident, by an order dated 17.1.1990 the claim petitions No.197/88, 198/88 & 230/88 were consolidated and the claim petition No.197/88 was treated as leading case, by order dated 22.5.1990 M.A.C. No.154/88, 155/88 and 156/88 were consolidated with M.A.C. No.197/88, by an order dated 8.11.1995 M.A.C. No.312/88 were consolidated with M.A.C. No.197/88. M.A.C. No.243/88 was consolidated with the M.A.C. No.197/88 vide order dated 29.7.1991 in M.A.C. No.243/88. M.A.C. No.298/88, 299/88 and 311/88 were consolidated with leading case No.197/88 vide order dated 4.7.1991, M.A.C. No.28/1989 was consolidated with the leading case M.A.C. No.197/88 vide order dated 22.9.1993 were to be heard together.

7. The owners of the motor truck No. DHL 3616 have not contested the claim petitions.

8. New India Insurance Company is the insurer of the bus URJ 7389, the Insurance Company has contested the claim petitions mainly on the ground that the alleged accident took place due to rash and negligence of the driver of motor truck No. DHL 3616.

9. The Oriental Insurance Company being the insurer of motor truck DHL No.3616 have contested the claim petitions on the ground that the driver of the motor truck DHL No.3616 was not h