JUDGMENT K.K. Birla, J. - This appeal and F. A. F. O. Nos. 715/81, 716/81. 717/81 and 718/81 arise out of the same transaction of accident- Common question is involved in these appeals and they are being disposed of by a common order. F. A. F. O. No. 719 of 1981 will be the leading case. 2. In brief on 24-4-1978 at about 10.30 p.m. truck No. U. S. B. 9134 was being driven rashly and negligently by the driver Patheroo and without sounding any horn by the driver the truck came down by the side of the road near the floor mill of Ram Nath Lohar and over ran some persons. In the accident Vishwakarma, Smt. Sabodari, Smt. Saraswati and Deena Nath died on the spot. Kumari Munni received grievous injuries. The heirs of Vishwakarma, Smt. Sabodari, Smt. Saraswati and Deena Nath filed Motor Accident Claims No. 9/78, 13/78, 11/78 and 14/78 respectively. Kumari Munni filed the claim petition M. A. C. No. 12/78. All the claim petitions were tried together and Rs. 43,480, Rs. 11,000, Rs. 11,000. Rs. 21,600 and Rs. 62,480 respectively were awarded by the Claims Tribunal. The truck was insured with the National Insurance Company. The claims tribunal held the Insurance Company to be liable to pay to the extent of Rs. 50,000 against the claim of all the claimants and the claims were decreed against the owner and the driver with respect to all the amounts. Being aggrieved Sri Hari Singh owner of the truck has preferred these appeals against the orders in the aforesaid claim petitions. 3. I have heard learned Counsel for the appellants claimants and the Insurance Company. The only point pressed before me is regarding the extent of liability of the Insurance Company in these claims. 4. The contention on behalf of the appellants is that the liability of the Insurance Company is upto Rs. 50,000 in respect of each of the claims petition because each of the deceased died on account of the accident suffered by him though it may be on account of same transaction. 5. Under section 95 (2) of the Vehicles Act the liability of the Insurance Company with regard to any one accident caused by a truck was Rs. 50,000. 50,000 in respect of each of the claims petition because each of the deceased died on account of the accident suffered by him though it may be on account of same transaction. 5. Under section 95 (2) of the Vehicles Act the liability of the Insurance Company with regard to any one accident caused by a truck was Rs. 50,000. The tribunal fixed the liability of the Insurance Company on the basis that all the four deceased and one injured had received injuries in the same accident and as much the legal liability of the Insurance Company is upto Rs. 50,000 only. 6. The contention raised by the appellants will have to be accepted in view of the principles laid down in the case of Motor Owners Insurance Company Ltd. v. J.K. Modi, AIR 1981 SC 2059 . In the cited case there was a collision between a Motor Car and a goods truck in which a person driving the car died and some persons travelling in the car were injured. It has been held that if more than one person is injured during the course of same transaction, each one of the persons has met with an accident In view of the above principles each of the deceased and the injured person will have to be taken separately as having met with the accident and, therefore, in each of such cases the liability of the Insurance Company will be upto Rs. 50,000.00. 7. In view of the above discussions these appeals deserve to be allowed and the order of claims tribunal regarding liability of the Insurance Company deserves to be modified. 8. It is accordingly ordered that the order of the Motor Claims Tribunal is modified to the extent that the claims petition Nos. 7/78, 11/78, 13/78 and 14/78 are decreed with proportionate costs against the opposite parties. The amount awarded in these claims shall be payable by the Insurance Company. The claim Petition No. 12/78 is also decreed with proportionate costs and the Insurance Company shall be liable to pay the balance of Rs. 12,480. In the circumstances of the cases the parties shall bear their own costs in appeals, copies of this order shall be placed, in other connected appeals.