( 1 ) THIS judgment shall also govern the disposal of M. A. No. 203 of 81 (Oriental Fire and General Insurance Co. Ltd. v. Sardarmal), M. A. No. 212 of 81 (Smt. Pramila and two others v. Usuf and 3 others), M. A. No. 211 of 81 (Sardarmal v. Yusuf and 3 others) and C. R. No. 836 of 1981 (Oriental Fire and General Insurance Co. Ltd. v. Narendra Kumar and 3 others) as all these appeals and revision, arise out of the one and the same accident on account of which the claimants had filed claim petitions under S. 110-A of the Motor Vehicles Act and after recording common evidence in all these cases, the same have been disposed of by the First Addl. Motor Accidents Claims Tribunal, Indore.

( 2 ) M. A. No. 202 of 81 has been filed by the Insurance company against an award dated 9th May, 1981 passed in Claim Case No. 97 of 78, whereby the claimants have been awarded a compensation of Rs. 21,000/- with cost and interest at the rate of 6 per cent per annum from the date of the filing of the claim petition.

( 3 ) M. A. No. 203 of 81 has been filed by the Insurance company against Sardarmal Jain and others, against an award dated 9th May, 1981 passed in Claim Case No. 96 of 78, whereby the respondent No. 1 Sardarmal has been awarded a compensation of Rs. 2750/- with cost and interest at the rate of 6 per cent per annum from the date of the filing of the claim petition.

( 4 ) M. A. No. 211 of 81 has been filed by Sardarmal for enhancement of compensation to the tune of Rs. 50,000/- as he has been awarded a compensation of Rs. 2750/- only plus cost and interest.

( 5 ) M. A. No. 212 of 81 has been filed by Smt. Pramila Jain and others against Yusuf and others for enhancement of compensation to the tune of Rs. 1,50,000/- plus cost and interest awarded to them are meagre.

( 6 ) CIVIL Rev. No. 836 of 81 has been filed by the Oriental Insurance Company Ltd. against Narendra Kumar and others against an award dated 9th May, 1981 passed in Claim Case No. 187 of 78 whereby a compensation of Rs. 1400/- plus cost and interest at 6 per cent per annum from the date of the filing of the petition has been awarded by the same Member, Motor Accidents Claims Tribunal, Indore.

( 7 ) THE facts giving rise to these appeals and revision may be stated, in brief, thus : Respondent Yusuf is the owner of car No. CPE-116 of which on the relevant day of the accident, which took place on 10-5-1978 respondent Abdul Rashid was the driver, in the employment of respondent Yusuf. The said car was insured with the Oriental Fire and General Insurance Company Ltd. vide Annexure-D5. Respondent Choudhury Mohammed Z- afar is the cousin of respondent Yusuf.

( 8 ) THE deceased Sagarmal Jain and claimant Sardarmal Jain are brothers. Claimant Narendra Kumar, who has his own book and stationary business by the name Sanghvi Stores, was also travelling in the same car when the accident took place. Claimant Smt. Pramila Jain is the widow of Sagarmal Jain and Ku. Rajula Jain and Baby Reli, who are minors, are the children of Sagarmal Jain.

( 9 ) ACCORDING to the claimants, respondent Yusuf and Mohammed Zafar are the owners of the said car which was being plied as a taxi. On the fateful day i. e. 10-5-1978 Sagarmal hired this car as a taxi from respondent Zafar for going to Bamhina to attend a wedding at the rate of Re. 1/- per k. m. Accordingly the deceased Sagarmal along with his brother Sardarmal and Pukhraj, Narendra Sanghvi and Jainendra Kumar left Indore by this car at about 1 O' clock in the afternoon. Only about fifteen minutes after their departure this car met with an accident near village Bijapur. At that time the driver of the car Abdul Rashid was driving the car in a rash and negligent manner at an excessive speed with the result that he lost his control over the car which collided against the left side of the culvert and proceeding further dashed against the roadside drum. The car finally came to a halt facing towards Indore after taking a U-turn. All the occupa