P. R. GOKULAKRISHNAN, J.

( 1 ) THE Insurance Company is the appellant Respondents 1 and 2 herein came forward with an application for award of compensation for the death of their son. It is the case of respondents 1 and 2 herein that on 13/06/1978 the deceased was traveling in a rickshaw No. GRS 251 from village Bhat to Sabarmati Tol Naka and when the rickshaw was near the cross-road at Koba Circle and was moving towards Sabarmati Tol Naka at the all of a sudden the rickshaw turned turtle and due to the accident the deceased Ashokkumar Ranchhodbhai Patel received injuries and there- upon he as removed to the hospital and there he succumbed to the said injuries and dice. It was further contended that due to the rash and negligent driving of the 3rd respondent herein the accident occurred and as a result of which the son of respondents 1 and 2 expired. The Insurance Company filed the written statement latter alia contending that the claim filed by respondents 1 and 2 herein is exaggerated that the liability of the Insurance Company is limited to the extent of Rs. 5 0 as provided under the Motor Vehicles Act that the deceased was a gratuitous passenger and was not carried for hire or r

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