MILAP CHANDRA, J. —, This is an appeal under Section 110-D, Motor Vehicles Act, 1939 (hereinafter referred to as the Act) against the award of the Motor Accident Claims Tribunal, Bikaner dated February 10, 1987 by which the claimant-respondent No. 2 has been granted compensation to the tune of Rs. 58,000/- with interest at the rate of 9% against the appellant No. 1 Babu (driver of the (vehicle) and the appellant No. 2 Yusuf Khan (owner of the vehicle). The respondent No. 2 Oriental Fire & General Insurance Company has not held liable to pay the compansation. The facts of the case giving rise to this appeal may be summarised thus.

2. On July 1, 1983, the claimant-respondent No. 1 borarded 3-wheeler taxi No. RSF 3049 on hire at Bikaner for going to Gangashahar. At that time, it was being driven by Babu (appellant No. 1) and was owned by his brother Yusuf Khan (appellant No. 2), It met with an accident near Hanumanjis temple Gangashahar. As a result thereof; the claimant-respondent No. 1 received injuries. She filed a claim petition before the Motor Accident Claims Tribunal, Bikaner against the appellants and the Insurance Company (respondent No. 2). The appellants filed their reply, s

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