Judgment

KAILASAM, J.- This is an appeal by certificate under Art. 133 (1) (a) of the Constitution granted by the High Court of Madhya Pradesh. The appellants filed a claim for compensation of a sum of rupees one lakh under Sec. 110 of the Motor Vehicles Act before the Claims Tribunal, Jabalpur. The first claimant is the wife and the claimants 2 to 8 are the children of one Purshottam Tulsidas Udeshi who met with his death in a motor car accident on 18-12-1960 when he was travelling in the car which was driven by Madhavjibhai Mathuradas Ved, the Manager of the first opponent company, M/s. Ranjit Ginning and Pressing Co. Private Ltd., in a rash and negligent manner near a village called Chincholi-Vad which was 16 miles from Saoner. The car which was a Hindustan Ambassador Saloon was insured with second opponent, Union Fire Accident and General Insurance Co. Ltd. The deceased was aged 58 years at the time of his death and according to the petitioners was earning annually about Rs. 9,000. They claimed a compensation to rupees one lakh. The opposite parties, the owner and the insurance company, opposed the claim. While admitting that the vehicle was proceeding from Nagpur on its way to