( 1 ) THIS appeal under Section 110-D of the Motor Vehicles Act is directed against the award passed by the Motor Accident Claims Tribunal, Bhavnagar in M. A. C. Case No. 64 of 1977 decided on 2. 2. 1979 whereby it has been ordered that the claimants may recover a sum of Rs. 39,000. 00 from the opponents nos. 1 and 2, i. e. respondents nos. 1 and 2 in this appeal. The interest has been granted at the rate of 6% per annum from the date of application till realisation with proportionate costs. The application was dismissed against the Insurance Company and directions have also been issued for apportionment of the total amount to the respective applicants-claimants.

( 2 ) ON 16th April 1977, deceased Bhikhabhai was travelling in a public career truck with an aluminium container containing 2 kg. of Ghee therein to be sold at Mahuva. The truck driver was paid the amount of hire for the goods as well as the travel of the deceased himself. The respondent no. 1 herein was the driver and the allegation is that he was driving the vehicle in a rash and negligent manner at excessive speed. The truck went off the road and turned turtle. The deceased was thrown off, he received in