- (1.) HEARD Sri Vishnu Sahai, learned counsel for the appellants and Sri Nagendra Kumar Srivastava, learned counsel appearing on behalf of respondent no.6.
(2.) THESE are eight appeal arising from the same accident dated 11.06.1986, filed by the owner of the vehicles, namely truck bearing registration no.UTF -5952.
(3.) ON 11.06.1986 when Rahat Jan, Amman Khan, Noor Mohammad, Abdul Rahim, Navijan, Sabir, Salamat Khan, Mohd. Ahmad and Nirale Khan were travelling in truck bearing registration no.UTF -5952. The said truck met with an accident, as a result of which all the aforesaid persons travelling in the truck died on the spot. The separate claim petitions have been filed by the claimants of all the deceased. The Tribunal by the impugned order dated 08.06.1988 allowed the claim petition in part and awarded the compensation Rs.40,320/ - in FAFO No.736/88, Rs.50,668/ - in FAFO No.737/88, Rs.41,472/ - in FAFO No.738/88, Rs.23,040/ - in FAFO No.739/88, Rs.43,200/ - in FAFO No.740/88, Rs.46,080/ - in FAFO No.742/88, Rs.46,080/ - in FAFO No.743/88 Rs.46,080/ - in FAFO No.744/88. Out of the amount awarded as compensation, the Tribunal directed the respondent no.6, Insurance Company to pay a sum of Rs.15,000/ - and the balance amount was directed to be paid by the owner of the vehicle. The Tribunal has fixed the liability of Rs.15,000/ - only, under Section 92A of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act') on the insurance company on the ground that under Section 95 (2)(a) of the Act, the insurance company was only liable to pay Rs.1.50 lacs in all and a sum of Rs.1.50 lacs has been apportioned in all cases (In all ten persons died in the accident).;