( 1 ) THIS order shall also dispose of M. A. No. 74/81 (Smt. Nirmala Tiwari v. Tekchand ). In both these appeals u/s. 110-D of the Motor Vehicles Act, the claimants/appellants have challenged the correctness and legality of awards passed by the Motor Accidents Claims Tribunal, Satna, in Claim Cases Nos. 63 and 64 of 1977 by judgement dated 3-11-80.

( 2 ) ON 22-8-76 a passenger Bus No. M. P. A. 2983, whose registered owner is respondent No. 1, was proceeding with passengers from Satna to Govindgarh via Bela. The bus is alleged to be over-loaded and is said to be carrying more than hundred passengers. When it passed the embankment road of Lilji dam, beyond Bela towards Govindgarh at or about 11-30 a. m. , the front tyres which were not only weak, old and remoulded, suddenly burst and the bus swerved towards dam, fell in the water. The bus was also allegedly being driven rashly and negligently by respondent No. 2. The result was that more than 90 men, women and children died in the liquid grave. Those who could extricate themselves from the watery grave, swam to safety. On receiving the information of this tragedy, Government machinery moved, rescue operation commenc