This First Appeal is at the instance of the Insurance company and is directed against an award dated October 23, 2003 passed by the Motor Accident Claims Tribunal (Aux.) at Dhrangadhra in MACP Case No.703 of 1998 thereby awarding a sum of Rs.2,34,000/- in favour of the claimants from the owner of the tractor as well as the Insurance Company who were held to be jointly and severally liable to pay the amount.

2. According to the claimants, the deceased was travelling on a tractor and due to rash and negligent driving on the part of the driver of the tractor, he had fallen down, resulting in death.

3. The Tribunal below came to the conclusion that due to rash and negligent driving on the part of the driver of the said tractor, the accident occurred and the victim having fallen down from the said tractor had died. After taking into consideration the income of the victim as appearing from the evidence given by his father, the Tribunal arrived at the figure of compensation, as indicated earlier.

4. Being dissatisfied, the Insurance company has come up with the present appeal.

5. The learned advocate appearing on behalf of the Insurance company has taken a pure question of law in sup