1. - This is an appeal under section 110-D of the Allocator Vehicles Act, 1939 against the award of learned Motor Accidents Claims Tribunal, Jaipur dated 30.12.1978 awarding Rs. 31,000/- in Claim Petition No. 288 of 1977.

2. Briefly stated the facts of the case are that on 9.5.1977 at about 10 or 11 a.m. truck No. RSM 9285 "belonging to New Sethi Transport Company was driven by Chhotu Ram (respondent No. 1) on Jaipur-Tonk Road. Some persons were travelling in the truck as passengers from village Chainpura. It is further stated that the driver of the truck drove it at very fast speed. Therefore, the passengers shouted and requested the truck driver to stop the vehicle, but he neither stopped the truck nor slowed the speed of the same. It is said that when the truck reached near village Mundiya, the passengers requested the truck driver to stop the truck and let them get down from the same as they were not willing to travel in that truck any more. However, the truck driver did not listen to them, with the result that soon thereafter the driver could not control the vehicle and due to his rash and negligent driving he lost the control and the truck overturned, which resulted i