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1. This first appeal filed under Section 110D of the Motor Vehicles Act, 1939 (hereinafter referred to as THE ACT) is by the owner and the driver of the goods vehicle No. CPI-6202 and is directed against the award dated 18-9-1984 passed by Shri P. Mahta, Motor Accident Claim Case No. 16 of 1982 awarding a sum of Rs. 12,500/- in favour of Respondent Nos. 1 to 3 as compensation for accidental death of Shri Laxman Puri, Smt. Jamunabai and Smt. Nageser Bai.

2. The respondents by filling their claim before the learned tribunal under Section 110 of the Act submitted that the truck aforesaid was being driven by the appellant No. 2 in a very high speed and therefore in rash and negligent manner and met with an accident killing the aforesaid three persons who had been taken as passengers. It was alleged that the appellant No. 2 lost control of the truck because of its high speed and hence the truck got turitle and killed the aforesaid three persons on the spot. Since the respondents claimed to be the legal representatives of the deceased persons they claim compensation in accordance with law. The appellants denied their liability to pay any compensation and submitted that the deceased persons did not die of rash and negligent driving as alleged. It was specifically submitted that one of the tyres of the front wheel of the vehicle got suddenly burst resulting in the accident as aforesaid. The accident, according to the appellants was for reasons beyond their control. They however submitted that the truck was insured with the respondent Insurance Company and hence the liability, if any would be met by the said respondent. The respondent Insurance Company submitted that carrying passenger in a goods vehicle was contrary to law and amount to breach of policy conditions and hence they were not liable. The learned tribunal, on appreciation of evidence adduced by the parties, came to the conclusion that the accident took place because the truck was being driven in high speed and hence rashly and negligently. The learned Tribunal found no reliable material on record to hold that the tyre of any of the front wheel of the truck had burst as alleged. The learned tribunal also held that the deceased persons were carried in the vehicle contrary to law and the appellants were guilty of breach of policy conditions. It was therefore held that the respondent Insurance Company was not liable. The learned tribunal however calculated on Rs. 12,500/- (twelve thousand and five hundred only) as total compensation for the three deaths and awarded the same by the impugned award. It is this award which is under challenge in this appeal.