Dubey, J.—1. These appeals under section 173 of the Motor Vehicle Act, 1988 (for short ‘the Act') have been filed by the claimants aggrieved of the common order dated 10.1.1995, passed in Claim Case No. 53/94, by IInd Additional Motor Accidents Claims Tribunal Mandla (Tribunal) where by the applications under section 166 of the Act for compensation have been dismissed.

2. The brief facts giving rise to the appeals are thus: On 24.3.1994 a passenger bus No. MPK 352 driven by respondent No.1, owned by respondent No.2 and insured by respondent No.3 was carrying passengers from Nainpur to Mandla. At about 10.00 a.m. when it reached unmanned. Railways crossing of village Limaria, it collided with narrow guage, South-Eastern Railway train coming from Mandla as a result eight persons died and many others were injured. The legal representatives of the deceased person and the persons who sustained injuries filed applications under section 166 of the Act against the owner, driver and insurer of the passenger bus No. MPK 3588, to claim compensation on the averments that the bus was being driven in a high speed, it was not in control of the bus driver, which collided with Railways train.