( 2 ) THIS appeal has been preferred by the new India Assurance Company Limited, aggrieved by the award dated 5-12-1995 passed by the Motor Accidents Claims Tribunal, Bastar (Jagdalpur) in claim case No. 10/90 (Smt. Jasinta Kujur v. Gurdeep Singh and Ors.)

( 3 ) BRIEF facts necessary for the disposal of this appeal are that on 20th February, 1990 at about 3. 30 p. m. Egenesh Ekka along with Harish Kujur were going on a motorcycle from their Village : Dhanora to dugol. One truck bearing registration No. MBY-9538 was coming from Bijapur opposite side. Driver of the truck was Gurdeep singh who was driving the truck rashly and negligently. He dashed the truck against the motorcycle TVS bearing registration No. UAU-3168 as a result of which Egnesh Ekka and Harish Kujur, who were on the motor cycle, were thrown on the ground. They sustained grievous injuries on head, chest and ribs as a result of which they succumbed to the injuries sustained by them, on the spot. Wife and children of Egnesh Ekka preferred an accident claim which was registered at serial No. 6/90.

( 4 ) AS Harish Kujur was bachelor residing with his brother and sister-in-law (Bhabhi) smt. Jasinla Kujur, there