( 1 ) THE United India Fire and General Insurance Co. Ltd. is in appeal against the award passed by Motor Accidents Claims Tribunal. Junagadh in Motor Accidents Claim Petition No. 33 of 1978 which was decided along with the companion claim petitions by common judgment. In order to appreciate the grievance of the appellant Insurance Company few relevant facts are required to be noted at the outset.

( 2 ) THE appellant Insurance Company had insured an auto-rickshaw GTW 259 against accidental risk under Insurance Policy which is at Ex. 21 on record of the case. The said auto-rickshaw was being plied on 15-2-77 at about 3 P. M. near the culvert between the villages Dungarpur and Padaria. At the relevant time the rickshaw was over-loaded with 10 passengers In the accident injuries were caused to the passengers in the rickshaw and one of them Lavji Bachu succumbed to his injuries. The heirs and legal representatives of Lavji Bachu as well as the other injured persons filed different claim petitions before the Motor Accidents Claims Tribunal Junagadh seeking compensation from the owner of the vehicle the driver of the vehicle and the appellant Insur- ance Company. They w