BHAWANI SINGH, CJ.

( 1 ) BOTH these appeals (Misc. Appeal No. 489 of 2000 and misc. Appeal No. 490 of 2000) (Sameer v. Madhya Pradesh State Road Trans. Corpn.)are proposed to be decided by this judgment since they arise out of the same accident and common award dated 30. 8. 1999 passed by the Claims Tribunal, Barwaha in Claim Case Nos. 23 and 24 of 1994.

( 2 ) ACCIDENT took place on 20. 12. 1993 at 9. 30 a. m. on Indore-Khandwa Road near village Padali when bus No. MBH 6912 owned by Madhya Pradesh State Road transport Corporation, Ratlam Depot, driven by Nabi Noor, hit jeep No. MP 09-s 0191 in which Kundabai (mother) and ramesh Buzruk (father) of claimants (children) were travelling. The jeep was owned by Chhotelal and insured with Oriental insurance Co. Ltd. Allegation is that bus was being driven rashly and negligently which resulted in the accident and death of mother and father of claimants on the spot. Accident was reported at Police station, Balvada and case under sections 337/ 304-A, Indian Penal Code was registered against the bus driver, under consideration before the Judicial Magistrate 1st Class, badwaha being Criminal Case No. 777 of 1993. At the time of accident Kundab

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