NAZIR AHMAD, J.

1. This appeal has been filed by the appellants against the judgment dated 17-7-1976 and the Award dated 5-8-1976 of Shri Bhagwat Narayan Tiwary, District and Sessions Judge-cum-Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal). Palamau at Paltonganj.

2. The facts of the case as found from the judgment which were not disputed may be briefly stated. Shri Jayant Kumar Jain was travelling on 15-10-1971 from Daltonganj to Hazaribagh by an Ambassador Car bearing No. BRQ 3723 belonging to defendant No. 3 and driven by a driver named Bhattu Mahton. While the car was passing oV/s.ver that part of Daltonganj-Ranchi road which was near Pokhraha at a distance of about 9 miles from Daltonganj, itV/s.ame in collision at about 5 P.M. against truck No. BRV 6928 belonging to defendant NoV/s.1 and driven by a driver named Prabhu Sahay Hansda, an employee of defendant No. 1. Along with theV/s.aid driver, there were also in that truck a vehicle supervisor, Sri Surya Kumar Prasad of V/s.at defendant and also a khalasi named Ratna Urson. In course of this collision, the right side of the said Ambassador car cameV/s.n such sudden and severe impact with the