( 1 ) THIS appeal is filed by the United India Insurance Co. Ltd. (insurance Company for short) against an award passed by the Motor accident Claims Tribunal (Main), Ahmedabad (Rural) at Narol on 14/03/1983 in M. A. C. Application No. 257 of 1980.

( 2 ) SHORT facts giving rise to the present appeal are as under : the claimants respondent Nos. 1 to 4 filed the above claim petition before the Tribunal to recover an amount of Rs. 1,50,500. 00, inter alia, stating that deceased Purshottam was the husband of claimant No. 1, son of claimant No. 2 and father of claimant Nos. 3 and 4. He was serving as a Conductor in Gujarat State Road Transport Corporation and was residing at village Chandrala. At the relevant time, he was attached to S. T. Depot, Dehgam. It was the case of the claimants that on 2/03/1980, deceased Purshottam was waiting at S. T. Bus stop at village chandrala to go to Dehgam for duty. He was waiting for a bus to come so that he could reach Dehgam. Meanwhile opponent No. 2 Ramjibhai nathubhai Chaudhari, who was driving a Tractor No. GJM 9774 to which trailer No. GTI 9664 was attached, came there. Said Ramjibhai gave lift to Purshottam and Purshottam took seat in the trailer. Opponent No. 2 went at a short distance beyond village Chandrala. On the way, however, one s. T. Bus was seen arriving behind the tractor and thereupon Purshottam requested opponent No. 2 to stop the tractor so as to enable Purshottam to alight from the trailer. It was the case of the claimants that while purshottam was still in the process of alighting the trailer, opponent No. 2 suddenly drove the tractor with the result that Purshottam was thrown out of the trailer, sustained severe injuries and ultimately died. According to the claimants, there was rashness and negligence on the part of the opponent No. 2 in driving the tractor, but for which the deceased would not have thrown out of the trailer and would not have lost his life. The claimants were, thus, entitled to claim compensation from the opponent No. 2 (driver) who was rash and negligent in driving the vehicle. Similarly, the other opponents, i. e. ,the opponentno. 1a/1 to1a/4 (owners) and opponent No. 3 (Insurance Company) were also vicariously liable to pay compensation. Opponent No. 1 Laljibhai Joitabhai Patel was joined as an owner of the tractor as well as trailer but subsequently it was found that both the vehicles stood in the name of his father Joitabhai Gobarbhai Patel and, hence, Joitabhai was ordered to be joined as opponent No. 1a. It was, however, reported that Joitlbhai expired in August, 1977 and, hence, his heirs and legal representatives were brought on record as opponents 1a/ 1 to 1a/4. Opponent No. 1a/4 Laljibhai Joitabhai was party to the original petition also as opponent No. 1. The opponent No. 3 was United Insurance co. , appellant in the present appeal. On the above averments, the claimants claimed Rs. 1,50,000. 00 as compensation from all the opponents jointly and severally.

( 3 ) OPPONENT Nos. 1 and 2 filed a written statement, Exh. 39 and contested the petition. It was contended that the facts stated in the claim application were not true. It was stated that opponent No. 2 had taken the tractor-trailer loaded with paddy bags to Chandrala and Kishorbhai valabhai and Valabhai Ranchhodbhai, owners of some of paddy bags were also in the trailer. On coming back near Chandrala, opponent No. 2 saw that deceased Purshottam was waiting at Chandrala S. T. Bus stand to go to Dehgam. As Purshottam was known to opponent No. 2, at the instance of Purshottam, the tractor was stopped and Purshottam boarded the trailer to go to Chhala since the tractor was going via Chhala. When the tractor reached the limits of village Chhala, one S. T. Bus was seen arriving behind the tractor which was proceeding towards Dehgam on its way to ahmedabad. Purshottam alighted from the trailer, while the tractor was still in motion. In doing so, Purshottam fell down on the road an