Pradeep Nandrajog, J.

7th April, 1975 was an unfortunate day in the life of Late Jai Kishan Pruthi. Proceeding towards Azadpur on a two- wheeler scooter bearing registration No. DHU-6689, at around 9:00 PM, he was hit by truck bearing registration No. HRB-4969 driven by Mahender Singh. Jai Kishan Pruthi was fatally injured and no medical aid could be given to him inasmuch as by the time he was brought at the casualty of Irwin Hospital, New Delhi he had died.

2. The offending truck was owned by Hukam Chand and in respect thereof he had obtained a policy of insurance from the Oriental Fire & General Insurance Company Ltd.

3. The widow and minor children of Jai Kishan Pruthi filed a claim petition seeking compensation under the Motor Vehicles Act 1939. Holding in their favour that the death of Jai Kishan Pruthi was a result of the offending truck being rashly driven by the driver thereof, the learned Tribunal assessed compensation in sum of Rs. 1,34,500/- and directed that the insurance company would pay the entire awarded sum.

4. The insurance company had taken up a defence