JAIN, J.—This judgment will dispose of two appeals namely, D.B. Civil Misc. Appeal No. 14/1970 and D.B. Civil Misc. Appeal No 105/1969. These appeals arise out of an order made by the Motor Accidents Claims Tribunal, Ajmer on September 12, 1969.

2. A bus RJZ 202 was travelling from Bandanwara to Ajmer on May 31, 1966. When it was about six miles and two furlongs from Ajmer, it found the road blocked near Makhupura by a tree fallen on the road While other vehicles were passing on the right side of the road, the driver of this vehicle instead chose to pass his vehicle by the left side of the tree where it is alleged, there was not much space for the vehicle to pass with the result that the vehicle first dashed against the side wall which gave way and the vehicle then overturned and fall down.

3. One of the consequences of the accident was that one Dharamchand a passenger sustained fatal injuries and died instantaneously on the spot. His widow, three minor children and his parents filed a claim petition in the aforesaid Tribunal on July 30, 1966, claiming Rs 50,000/ as pecuniary loss and Rs. 5,000/- on account of mental agony, suffering and loss of expectation of life, and loss caused t

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