JUDGMENT

Santosh Hegde, J.-One Dasarath Singh was a driver of an auto rickshaw owned by Lalit Singh. The vehicle in question was registered as a public carrier vehicle used for hire by the passengers. This vehicle was insured with the respondent-Insurance Company. On 22nd of March, 1995, it is stated that some unknown passengers hired the above auto rickshaw from rickshaw stand a Dimapur between 5 to 6 p.m. It is also not in dispute that the said auto rickshaw was reported stolen and the dead body of driver Dasarath Singh was recovered by the police on the next day, the auto rickshaw was never recovered and the claim of the owner for the loss of auto rickshaw was accepted by the respondent-Insurance Company and a sum of Rs. 47,220/- was settled by the said company towards the loss suffered by the owner.

2. One Darshan Singh claiming to be a Power of Attorney holder of the present appellants filed a claim petition along with the present appellants under Section 163 A of the Motor Vehicles Act, 1988 (for short the Act ) claiming damages for the death caused to the deceased Dasarath Singh during the course of his employment under Lalit Singh as a death caused in an accident arising out