( 1 ) THIS group of four miscellaneous appeals (Nos. 916, 1007, 1008 and 1016 of 1998) is proposed to be decided by common judgment since they arise out of the same award of Motor accidents Claims Tribunal, Satna, dated 27. 4. 1998 arising out of the same accident.

( 2 ) BRIEFLY, it may be stated that on 21. 4. 1989, Ramvati Gupta, Manirani Gupta, Bhagwan Gupta and Rajesh Dubey had gone to Maihar for obeisance to the deity. They travelled by car bearing registration no. MUK 67. It was owned by L. P. Dubey and driven by Rajesh Dubey. The accident took place near Raigawan, Police Station amdara, when the car dashed against a tree. In this accident, Bhagwan Gupta, ramvati Gupta and Rajesh Dubey died while Manirani Gupta suffered injuries. Claimants filed claim petitions, claiming compensation for the death of deceased while Manirani Gupta filed two claim petitions one on her own behalf for receiving injuries and the other for the death of her husband Bhagwan Gupta. The allegation is that the accident took place due to mechanical defect in the vehicle. Defence of the insurance company is that the driver did not possess valid driving licence for driving the vehicle.