Guru Sharan Sharma, J.

1. Heard the parties and with their consent, this appeal is disposed of under Order 41, Rule 11 of the Code of Civil Procedure, On 22.12.1992, one Samuel Kongari, aged about 45 years, was travelling on Tata 407 Bus (BR 14-8786). He was sitting on the roof of the bus. In between Gumla and Jitutoli, at Lasiamor, on account of rash and negligent drive of the bus, he was thrown away from the roof of the bus and died. His widow filed MJC No. 11 of 1993, under Section 166 of the Motor Vehicles Act, 1988, for compensation. It was established that accident took place for the fault of driver of the bus. It was also established that out of his earnings, the deceased was spending a sum of Rs. 1,000/- every month for maintenance of his family. So, annual dependency was calculated at Rs. 12,000/- and 15 multiplier was used. Thus, total amount of compensation was calculated at Rs. 1,80,000/-. The insurance paper of the vehicle, involved in the accident, was brought on record and marked Ext. 3. On perusal of Ext. 3, it was found that a premium of Rs. 2,310/- was paid for 21 passengers against third-party risk. It is submitted that when it was found that due to rash and