TIRATH S. THAKUR, J.

( 1 ) THIS appeal by the Corporation assails the correctness of an award made by the Motor Accidents claims Tribunal, Saundatti, whereby a sum of Rs. 3,13,000 with interest at the rate of 9 per cent per annum has been determined and awarded as compensation for the death of Ramachandrappa Lamani in a road accident.

( 2 ) THE case of the claimants as set out in the claim petition was that the deceased ramachandrappa Lamani was travelling on the roof of a bus plying between Ramdurg and Batakurki. Somewhere on the way, he was hit by a branch of roadside tree resulting in severe injuries to him that proved fatal. M. V. C. No. 840 of 1992 was in due course filed by his father, widow and the children for payment of compensation. Their case was that the accident in question had taken place entirely due to rash and negligent driving of the offending vehicle/bus by its driver. Their further case was that the deceased was made to sit on the roof of the bus by its driver and conductor as there was no space available inside the bus to accommodate him. Compensation assessed at Rs. 5,00,000 with cost and interest was accordingly claimed by the claimants.

( 3 ) THE Corporation

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