( 1 ) THIS judgment shall govern the disposal of M. A. No. 358 of 1997 (Bapu v. Karan Singh) and M. A. No. 357 of 1997 (Ram Narayan v. Karan Singh) as they arise out of the same accident.

( 2 ) THE facts of the case, in brief, are that on 16. 5. 1994 tractor-trolley No. MP11-3164 and MP-11-4769 owned and driven by respondent/non-applicant No. 1 karan Singh and insured with respondent/ non-applicant No. 2, insurance company and tractor No. MP-11-7220 driven by radhe Shyam were carrying barat party. The deceased Daryao, son of appellant-claimant Nos. 1 and 2 and father of appellant Nos. 3 to 5, and Sangita, daughter of appellant-claimant Ram Narayan, were travelling in the tractor No. MP-11-7220. Near Talen Valley, Daryao and Sangita alighted from the tractor of Radhe Shyam for urination. Radhe Shyam proceeded with his tractor asking them to come in the tractor of Karan Singh which was coming behind. After sometime Karan Singh came there driving his tractor in rash and negligent manner, it turned turtle and crushed daryao and Sangita, as a result of which they died on the spot. The deceased Daryao was working as humrnal (coolie) in Indore and was earning Rs. 35,000 per year