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 to the estate of the deceased. There were several respondents, namely, Motor Owners Insurance Company, Automobile Transport (Rajasthan) Private Limited, its Chairman Narayandas Lohiya, driver Raghunath, National Insurance Company and some more, which will better be described as respondents Nos. 2(a) to 2(f). The learned Tribunal held that the accident took place on account of the rash and negligent act of the driver Raghunath, respondent No. 3 As regards the quantum of damages, the finding of the learned Tribunal was that the deceased was at the time of his death 30 years of age and his expected span of life was another 15 years of age at the least. It was found that he was share-holder in his parental firm M/S. Dewalal Ranglal. The average income from that firm of the deceased was Rs. 180/- per month. It was also alleged that the deceased was looking after his agricultural farm and in his absence, a servant was required to be engaged, whose wages were claimed at Rs. 250/- per month, but the Tribunal allowed such wages only at the rate of Rs. 70/- per month. The result was that the pecuniary loss estimated after making a reasonable deduction on account of lump-sum giant of compensation, the learned Tribunal awarded a sum of Rs. 30,000/- as compensation to all claimants. but only against the Automobile Transport (Rajasthan) Private Limited Go. respondent No. 2(g), Narayandass Lohiya, respondent No. 2(h) and their insurers respondent No. 1, the Motor Owners Insurance Company. It dismissed the petition against the remaining respondents The learned Tribunal further decreed that Rs. 20,000/- shall be paid by the insurer, namely, the Motor Owners Insurance Company and the remaining amount of Rs. 10,000/- shall be paid by the respondents No. 2(g) and (h). It may be mentioned here that the Automobile Transport {Rajasthan) Private Limited Company is under liquidation.

4. D B. Civil Misc. Appeal No. 105/1969 was filed by the insurer, while the other appeal is by the Automobile Transport (Rajasthan) Private Ltd. Company and Narayardass Lohiya. An application was also made cm behalf of the appellant Automobile Transport (Rajasthan) Private Ltd. Company under order 41 rule 27 C.P.C. requesting this Court to permit them to file some documents which they have listed in annuxure A. This application was made on 1-12-1971.

5. The claimants also filed a cross-objection in which they challenged that the Tribunal was in error in reducing the compensation from Rs. 50,000/-to Rs. 30,000/-. They prayed that the remaining amount of Rs. 20,000/- should also be directed to be paid by the appellants the Automobile Transport (Rajasthan) Private Limited Company and Narayandass Lohiya

6. Before proceeding to deal with the merits of the appeals, it will be proper to dispose of the appl

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