( 1 ) THIS appeal is directed against the judgment and award dated 10. 6. 1996 passed by the Additional District Judge and Motor Accidents Claims tribunal, Mandya, in M. V. C. No. 93 of 1992, whereby the Claims Tribunal has awarded the compensation to the tune of rs. 3,39,000 with interest at the rate of 6 per cent per annum from the date of petition till realisation with costs of Rs. 800.

( 2 ) UNITED India Insurance Co. Ltd. , who was respondent No. 3 before the Tribunal (appellant No. 1 herein) has come up in appeal before this court.

( 3 ) THIS appeal has been filed by the insurance company joining the owner of the vehicle also and effort has been made to contend that the finding to the effect that the accident which resulted in the death of A. Syamasundar, was the result of contributory negligence and, therefore, the award is liable to be set aside.

( 4 ) WE have applied our mind to the contentions raised by the learned counsel for the appellants.

( 5 ) THIS contention is not at all open to the appellants. Even the perusal of the memo appeal does not indicate any ground coming within the framework of the defence available to the insurance company under section 149