D. C. DALELA, J.

( 1 ) BRIEF facts of the case are that on 6. 8. 1993 a car No. RNQ 900 turned down and met with accident while going from Jaipur to Jodhpur near Beawar in which an occupant Prakash Rai died. The car was driven by the respondent No. 5 and owned by the respondent No. 6. The vehicle was insured with the appellant national Insurance Co. Ltd. Legal heirs of the deceased claimant-respondent Nos. 1 to 4, preferred a claim petition before the learned Motor Accidents Claims Tribunal, beawar (for short the Tribunal ). The respondent Nos. 5 and 6 contested the claim petition and contended that the accident was due to vis major. The learned Tribunal framed five issues and after taking the evidence and hearing both the sides, awarded a total compensation of Rs. 7,69,000 with rs. 1,500 expenses and interest at the rate of 12 per cent per annum vide award dated 28. 1. 95. The liability to pay the compensation was made jointly and severally of the appellant and the respondent Nos. 5 and 6. Being aggrieved by the impugned award, the appellant has preferred this appeal.

( 2 ) BOTH the sides have admitted at Bar before me that the insurance policy in question was act only p