R.L. JHANWAR, J.

1. The oriental Insurance Company has filed this appeal for setting aside award dated 30th January, 2006 passed by the 12th Additional Motor Accidents Tribunal (F.T.C.)/ Durg in claim case No. 39/2005 whereby the Claims Tribunal awarded a sum of Rs. 2,91,400/ - as compensation to the claimant Nos. 1 to 4.

2. Brief facts, in a nutshell, are that on the date of incident i.e., 23rd October, 2002 deceased Alakh Bihari Sao was the driver carrying Tomatoes from Bhilai to Jagadalpur in vehicle 407 bearing No. C.G. 07ZB/1078 (offending vehicle). At one kilometre away from Parasgaon, due to his own rash and negligent driving, the offending vehicle became uncontrolled, resulting into, hit against the mango tree, and Alakh Bihari has died instantaneously on the spot.

3. On account of death of Alakh Bihari, the legal representatives of the deceased preferred a claim petition u/s 166 of the Motor Vehicles Act.

4. Respondent No. 5-Owner of the offending vehicle filed his written statement contending that he had no knowledge as to how the accident took place; on the date of accident the said offending vehicle was insured with the Appellant/Insurance Company, therefore, Ins