( 1 ) THE oriental Fire and General Insurance Co. Ltd. has preferred this appeal against the judgment and award dated April 5, 1974, rendered by the Motor Accidents Claims Tribunal, dharwar, in Miscellaneous (MVC) 16 of 1975.

( 2 ) MR. M. R. Patil was the elected chairman of the Hubli Co-operative Cotton Sales Society Ltd. , hubli (the "society" ). He was entitled to the society's car for his official work. On August 24, 1974, he3 was travelling from Hubli to Bangalore on Poona-Bangalore road in the society's car and by by dashing against a heap of rubbles collected at the roadside for the purpose of road repairs. Mr. Patil sustained grievous injuries and died before he was taken to the hospital. He left behind 4 sons and two daughters. Two of his sons filed a petition before the Tribunal claiming compensation of Rs. 50,000 on behalf of all the children alleging that the accident was due to the rash and negligent driving of the car.

( 3 ) THE claim petition was resisted by the insurance company and the society on the ground that there was no negligence on the part of the car driver and the accident had occurred due to mechanical defects in the vehicle. The insurance company also

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