This appeal is directed against the award in O.P. No.837 of 2000 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Nizamabad, dated 15-04-2002.

2. Shaik Basheer, husband of the 1st claimant, son of the 2nd claimant and father of claimants 3 to 6, was working as cleaner in bus No.AP 25T 6174 and was travelling as such in the bus on 14-05-2000 when it met with an accident in front of congress bhavan, Nizamabad due to the rash and negligent driving by the driver. Shaik Basheer was run over by the bus and died while undergoing treatment at Government Headquarters Hospital, Nizamabad. He was claimed to be earning Rs. 3,000/- per month as salary and. Rs. 100/per day as batta at the age of 38 years and the claimants sought for a compensation of Rs. 4,00,000/- from the owner and insurer of the bus jointly and severally.

3. While the owner of the bus remained ex parte before the Tribunal, the insurer put the claimants to strict proof of their claims and contended that the deceased himself was careless and negligent, due to which he fell from the footboard. The insuree also claimed the policy to be not covering the risk of the deceased/cleaner in the absence of pay