J. B. MEHTA, T. U. MEHTA, J.

( 1 ) THIS appeal arises out of the award passed by the Motor Accidents Claims Tribunal Baroda in Motor Accidents Claim application No. 8/70 of his file. The learned Tribunal has passed the award of Rs. 8 0 with proportionate costs thereon against the original opponents Nos. 1 to 4 in favour of the respondents Nos. 1 and 2 who are the original claimants. The case of the claimants is that the deceased Ganpat alias Ebho who was aged about 19 years was serving the appellant No. 2 as a labourer and was accompanying the goods vehicle belonging to the second appellant as a labourer for the purpose of loading and unloading the said vehicle On 28th November 1969 at about 5-30 p. m. the present respondent No. 3 Ramanbhai Jitabhai Baraiya was driving the motor truck belonging to the second appellant and was going from village Godhar. The truck was loaded with sand and it is an admitted position that the deceased Ganpat was sitting on the sand which was loaded in the truck. It is said that the driver of the truck (respondent no. 3) suddenly applied the brakes to the truck but the truck was dragged on its left hand side and fell in a nearby pit. The truck turned on

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