C. Y. SOMAYAJULU, J.

( 1 ) RESPONDENTS 1 to 3 filed O. P. No. 269 of 1996 in the Motor Accidents Claims Tribunal, Adilabad, against respondents 4 and 5 and the appellant, seeking compensation of Rs. 1,34,000/- consequent on the death of L. Rajakka (deceased), wife of 1st respondent and mother of respondents 2 and 3, alleging that on 23-5-1996 when the deceased, who was earning Rs. 2,000. 00 per month as a vegetable vendor, was traveling in a jeep bearing No. AHT. 9521 belonging to the 4th respondent, being driven by 5th respondent and insured with the appellant, from Bellampally to Ghanapur, she fell out of the jeep due to the rash and negligent driving of the 5th respondent and sustained a head injury and died on the spot.

( 2 ) RESPONDENTS 4 and 5 remained ex parte. Appellant filed its counter putting respondents 1 to 3 proof of the averments in the petition, and contending that it is not liable to pay compensation because the deceased was traveling in the jeep, as a fare paying passenger though it is not meant to be used as a taxi.

( 3 ) IN support of their case, respondents 1 to 3 examined two witnesses as P. Ws. 1 and 2 and marked Exs. A1 to A4. In support of its case, appella

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