PADMINI JESUDURAI J.

The insurance company, against which the Motor Accidents Claims Tribunal, has passed an award, has filed the present appeal contending that the deceased was a passenger at the time of the accident and that the Tribunal erred in holding him not to be a passenger and consequently placing the entire liability on it. Facts briefly are: on May 3, 1980, the deceased, V. K. Krishnan, who is the husband of the first respondent and the father of respondents Nos. 2 and 3, was travelling in a bus, bearing Registration No. TNY 1029, belonging to the fourth respondent and insured with the appellant. When the bus stopped at Srinivasanagar bus stop, the deceased, who was to get down at that bus stop, was descending down the steps. Before he could rest his foot on the ground, the driver of the bus moved the vehicle in a rash and negligent manner, as a result of which the deceased was thrown out and sustained serious injuries, to which he succumbed later in the hospital. Respondents Nos. 1 to 3 filed O. P. No. 92 of 1982 before the Motor Accidents Claims Tribunal V Additional Subordinate Judge, Tiruchirapalli, claiming a total compensation of Rs. 75, 000. Respondents