( 1 ) UNITED India General Insurance Company original oppo- nent no. 2 of Motor Accident Claims Petition No. 152 of 1979 has pre- ferred this appeal against the judgment and award rendered by the Motor Accident Claims Tribunal no. 1 at Surat no 23-11-1979.

( 2 ) THE petition was filed by the widow of deceased-Jerambhai Dahya- bhai Parmar and the children of the deceased. The undisputed facts were that deceased-Jerambhai was travelling in a Tempo bearing registration no. G. T. T. 4075 on the date of the incident. i. e. on 8-6-1978. In the tempo milk cans were carried. The milk-cans were carried on behalf of Jawahar Dudh Utpadak Sahakari Mandli Ltd. to Kunverda Village. The milk cans were required to be delivered to Pal Dairy at Surat. Jerambhai was sitting in the rear portion of the vehicle. The accident occurred at Kim four roads on National Highway road at about 7-30 A. M. Deceased Jeram fell down from the vehicle and ultimately he expired. The tempo in question belonged to one Daulatsinh Chandrasinh who was joined as opponent no. 1 and who is now respondent no. 8. Respondents nos. I to 7 the widow and the children of the deceased claimed a sum of Rs. 1 9 999

( 3 )