( 1 ) THIS appeal was filed by the claimants in O. P. No. 41 of 1989 on the file of Motor Accidents Claims Tribunal, West Godavari District, Eluru.

( 2 ) THE facts of the case in brief are as follows :on 13-6-1988 at about 11. 00 a. m. a lorry bearing No. AHK 2349 was stationed in a narrow lane before the Transport Office, Tanuku. It was stationed precariously and in slanting position. The 1st respondent is the Driver of the lorry. The lorry was loaded with cotton bales and it is stated that they were not tightly fastened. The height of the lorry with load is 14 from the ground level, which is in violation of the Motor Vehicles Rules. When the hamalies climbed the lorry, one of the heavy cotton bales, which was in loose condition, slipped and fell on the deceased, who was standing on the road margin. He sustained a fatal injury and while he was being taken to the hospital, he died on the way. The 2nd respondent is the owner of the Lorry. The 3rd respondent is the Transport Corporation and 4th respondent is the Insurance Company. On account of the death of the deceased, the claimants, who are the wife and children, filed OP before the Tribunal.

( 3 ) BEFORE the trib