GURUSHARAN SHARMA, J.

( 1 ) HEARD the parties and with their consent, this appeal is disposed of under Order XLI, rule 11 of the Code of Civil Procedure. On 22. 12. 92, 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 driving of the bus, he was thrown away from the roof of the bus and died. His widow filed M. J. C. 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, the annual dependency was calculated at Rs. 12,000 and multiplier of 15 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 Exh. 3. On perusal of Exh. 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