GANESAN J.

The Comomn wealth Assurance Company Ltd., Bombay, has preferred this appeal against the order passed by the learned Motor Accidents Claims Tribunal, Chingleput, in M. O. P. No. 46 of 1966 directing the appellant to pay a sum of Rs. 15, 000 as compensation to the respondents who are the legal representatives of the deceased, Shamsir Khan. On May 17, 1966, the lorry involved in the accident and which belonged to one Nagarathinam, the first respondent before the claims tribunal was engaged by Shamsir Khan for transporting mangoes from Vellore to Madras. On the way at about 2 or 3 A.M., on May 18, 1966, the lorry capsized due to the rash and negligent driving of the driver who is said to have slept away while he was driving the vehicle at good speed. As a result, Shamsir Khan was thrown off and was killed.

The respondents who are the legal representatives of the deceased have filed the application in question under section 110-A of the Motor Vehicles Act claiming compensation of the sum of Rs. 15, 000 against the owner of the lorry, Sri P. Nagarathinam, and the appellant, insurance company. The Tribunal has found that the accident was due to the rash and negligent