( 1 ) THE appellants have filed this appeal against the award passed by the Motor Accident Claims Tribunal on 31st of January 1981 allowing a compensation of Rs. 54,600 in favour of the legal representatives of the deceased P. C. Gupta who died as a result of motor accident which took place on 29th of December 1977. The liability of the insurance company was held to be the statutory limit of Rs. 50,000 only. The Tribunal concluded that the accident took place as a result of contributory negligence by the deceased and apportioned the responsibility of the accident to the extent of 50 per cent attributed to the deceased and. 50 per cent to the respondents in the claim petition. I shall be adverting to the other details in the subsequent paras of the judgment.

( 2 ) ADVERTING to the facts, the deceased P. C. Gupta was driving his scooter DHE 7115 on 29th of December 1977 at about 1. 52 P. M. It is alleged that soon after he crossed the railway crossing at Shakti Nagar and was negotiating a turn towards Bharat Nagar road, the offending truck No. DHG 5463 which was being driven rashly and negligently overtook the deceased without giving any warning and in the process the rear