1. Heard. Insurance Company has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the impugned judgment and award dated 19.6.2002, passed by Motor Vehicles Claim Tribunal, Bokaro, in Title M.V. Case No. 51 of 1998, whereby insurer was directed to indemnify owners liability to pay compensation of Rs. 2,74,000/-. On 28.9.1998 the truck (BR-17-0431) loaded with coils developed a snag on the way. The owner of the truck asked the driver to change its wheel with the help of jack. The jack was not working properly. In the meantime, another truck (BEV-8058) came there and on request its driver, Ashok Kumar Sah came down to assist in changing the defective wheel. While doing so unfortunately the said truck turned turtle and fell down crushing the leg and waist of Ashok Kumar Sah. He was taken to hospital, where he was declared dead.

2. Learned counsel for the appellant submitted that since accident did not take place due to rash and negligent driving of the vehicle, the Insurance Company cannot be held liable to pay any amount of compensation. Owner of the truck knowing fully well that jack was defective and faulty insisted the driver to use the sam