P.K.Deb, J.

1. This appeal has been preferred by the above named appellant-Insurance Company against the judgment and award dated 10th May, 1988, passed by the 1st Additional District Judge-cum-Motor Accident Claims Tribunal, Giridih, in Miscellaneous (Claim) Case No. 14/81/21/86 whereby and whereunder the amount of Rs. 60.750.00 together with the interest at the rate of 12 per cent. per annum has been allowed as compensation.

2. A claim of Rs. 75,000.00 was made under Sec. 110-A of the Motor Vehicles Act, 1939 (the Act) by the claimant Smt. Sumitra Devi for herself and behalf of her minor sons and daughters for the accidental death of her husband Ram Prasad Sahu who died on 7.6.1981 at about 13,10 hours at Chhuchhand Talab three Kms. South West from Pirtanr Police Station in the district of Giridih. On the date of occurrence, the deceased was travelling in a Maxi-Taxi No. BHW 713 belonging to one Sita Ram Burnwal. The deceased was not alone in the vehicle but he was with son A.W. 4 along with other passengers. They had boarded at Madhuban More and when the vehicle reached near Chhuchhand Talab, it fell down in the ditch as a result of which the deceased Ram Prasad Sahu die