1. This Misc. appeal is directed against the judgment and award dated 21-7-1994 passed by the Additional Claims Tribunal, Dhanbad, in Title (MV) Suit No. 87 of 1989, whereby the Tribunal awarded a sum of Rs. two lacs to the claimants respondents and held that the entire amount is payable by the Insurance Company.

2. The aforesaid suit was filed by the plaintiff claimants for the grant of compensation on account of death of her husband by reason of motor vehicle accident. The facts of the case are not in dispute. The deceased on 13-8-1989 going from his house towards Bastacolla colliery and when he reached near a peepal tree, the trekker came from Dhanbad in a high speed and in an attempt to save another trekker dashed the deceased Pradeep Kumar Nonia causing grievous injury. The said Pradeep Kumar Nonia subsequently succumbed to the injuries on 21-8-1989. The defendant No. 1 (Respondent No. 2) being owner of the offending vehicle appeared but neither filed any written statement nor contested the suit. Defendant No. 2-appellant filed a written statement and took all possible defence available to it under the law. The Claims Tribunal after hearing the parties and after consid