Mungeshwar Sahoo, J.

1. Heard the learned counsel, Mr. Sanjay Kumar No.-1 on behalf of the appellant, learned counsel, Mr. Amit Kumar Rakesh on behalf of the claimant respondents and learned counsel, Mr. Ram Chandra Singh on behalf of the owner under Order 41 rule 11 C.P.C.

2. Notices were issued in the admission matter and thereafter the respondents have appeared. I have heard at length.

3. This Misc. Appeal has been filed by the Oriental Insurance Company against the Judgment and Award dated 3.10.2002 passed by 3rd Additional District Judge-cum-Claims Tribunal, Gopalganj, in Claim Case No. 21/98/3/02 whereby and whereunder the learned Tribunal had directed the Insurance Company appellant to pay the claimants respondents compensation amounting to Rs. 1,34,000/-.

4. The claimants filed the aforesaid claim case alleging therein that Tawarej Ahmad aged about 18 years died in road accident on 25.5.1998 when he was traveling on the jeep being Registration No. BHD 8957. The deceased was going from Mirganj to Gopalganj. The jeep fell in a ditch where there was water logging. It is said that the said vehicle was over loaded with a passenger and the driver was driving the said jee