( 1 ) THIS appeal is directed against the award passed by the Accident Claims Tribunal (District Judge), Port Blair arising out of an application under section 166 (A) of the Motor Vehicles Act, 1988 as amended in 1994, filed by the respondents being the heirs and legal representatives of the victim, directing the appellant, Insurance Co. and the respondent No. 3 to pay jointly and severally the compensation of Rs. 2,47,000/-only.

( 2 ) THE facts inter alia involved in this appeal are that on 29. 6. 1996 at about 14-10 hrs. the victim was travelling on the body of the truck bearing Regn. No. AN 01/a-4501 belonging to and driven by O. P. No. 1 S. Venkatoswar Rao from Phoenix Bay APWD godown to Haddo Wharf via Delanipur after unloading the cement bags at the godown. The driver of the truck turned the truck rashly and negligently in increased speed towards the right in order to go to Haddo side at the traffic junction at Delanipur as a result of which the victim who was sitting on the left side of the body of the truck, fell down on the road and he sustained fatal injuries. Other three mazdoors and S. Narayan shouted and the driver stopped the vehicle after proceeding