JUDGMENT

A.M. Ahmadi, CJI. - Special leave granted.

2. Syed Abu Thakir on 3.8.1982 suffered injuries while alighting from the bus belonging to the appellant and died on the way to the hospital. The respondent No. 1 is the widow and the respondent No. 2, the minor son of the deceased while the respondents 3 & 4 are his father and mother respectively. The respondent No. 5 was the insurer of the vehicle while the respondent No. 6 was the driver of the bus at the relevant time. The respondents 1 to 4 filed a claim for compensation against the appellant and the respondents 5 and 6. The District Judge, Mudurai, acting as a Tribunal under the Motor Vehicles Act, 1939, hereinafter called the Act , awarded compensation of Rs, 92,000/- and held that since the deceased was a passenger at the time of the accident the liability of the Insurance Company was limited to Rs. 10,000/- only. The appellant filed an appeal contending that the Insurance Company was liable to pay the entire compensation. The respondents 1 to 4 also filed an appeal. The High Court dismissed both the appeals. Hence this appeal by special leave.

3. The sole question that arises for consideration is whether the victim was