JUDGMENT - V.A. MOHTA, J.:---Abdul Razzaque who died during the pendency of this appeal under section 110-D of the Motor Vehicles Act, 1939 ('the M.V. Act') had lodged a petition under section 110-A of the M.V. Act to recover a sum of Rs. 2,05,890.27 P. as compensation for the injuries suffered by him a in a motor accident that took place in the evening of 14th July, 1976 on Nagpur Kamptee Road. The petition was filed against Taju Ahmad Khan, who during the regular course of his employment was driving Truck No. MHG 6167 owned by Shriram Ramteke and insured with the New Indian Assurance Company Limited, Nagpur. Abdul Razzaque was a resident of Kamptee and was serving as a binder boy at Government Press, Nagpur. On the fatefull day, the truck was returning empty from Nagpur to Kamptee after unloading the goods. On the way the driver Taju Khan gave lift to Abdul Razzaque, his friend Meshram and several others on payment of Rs. 0.50 each. The truck was already carrying the conductor and the labourers employed for unloading the goods. Owner Ramteke was not in the truck. Taju lost control over the vehicle on account of negligent driving, as a consequence of which truck dashed against the

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