M.Y. Eqbal, J.

1. This appeal by the Insurance Company is directed against the judgment and award dated 30.8.2008 passed by The Motor Vehicle Accident Claims Tribunal, Dhanbad in Title (M.V.) Suit No. 152 of 2003 whereby he has awarded a sum of Rs. 2,94,720/- as compensation for the death of the deceased who died in a motor vehicle accident.

2. The short facts of the case are that the deceased, Ram Prasad Mandal, was working as labourer in the vehicle which is a tractor and trailor. The claimants case is that on 23.4.2003 when the deceased was going on a tractor for loading the stone chips, the vehicle fell down on a ditch causing death of the deceased. F.I.R. was lodged to that effect and a criminal case was instituted being Topchanchi PS Case No. 83 of 2003. According to the claimants, the deceased was aged 36 years and his monthly earning was Rs. 2400 /-

3. The owner of the tractor appeared and filed written statement stating inter-alia that the tractor and trailor was duly insured with the National Insurance Company Limited. The owner admitted that the deceased was