( 1 ) THIS First Appeal arises out of the judgment and award pronounced by the Ld. M. A. C. Tribunal No. l at Bharuch in m. A. C. Case No. 34 of 1979, awarding the total compensation of Rs. 70,000/- to the claimants together with the cost and interest. The award says that the insured, namely The United Fire and. General insurance Co. Ltd. would also be jointly and severally liable to satisfy the award.

( 2 ) DECEASED Govindbhai was travelling by an auto-rickshaw bearing No. CTA-786 on 28-1-1979 and the above-said rickshaw was going towards Piraman Naka from ankleshwar Railway station. It appears that when the auto-rickshaw had reached near to Rasdhara Cold Drink House, near the curve, it had to negotiate the curve on the road and, at that time, the auto-rickshaw had collided with a horse-drawn carriage. The deceased govindbhai has sustained grave injuries and he had died on the spot. Ultimately the applicants who happen to be the widow and the four minor children of the deceased alongwith the father of the deceased also had filed the MAC Case for obtaining the total compensation in sum of rs. 1,30,000/ -. The Tribunal after the appreciation of the evidence on record h