JUDGMENT :- The owner of the vehicle and his insurer, against whom the Motor Accidents Claims Tribunal has passed an Award, apportioning the liability as between them, have filed the present appeal, challenging their liability to pay compensation.

2. Facts briefly are: The deceased Umapathy was employed as a Truck Driver in the tractor bearing Registration No. TNM 7005 belonging to the first appellant and insured with the second appellant. On 25-7-1980 while the deceased was driving the tractor on the Madras Bangalore Road, a bus bearing Registration No. TMN 8068 belonging to the second respondent, being driven in a rash and (negligent) manner by its driver, dashed against the tractor, which over-turned on the road. The deceased Umapathy sustained serious injuries and succumbed to them later. The first respondent, who is the father of the deceased Umapathy, filed M.A.C.T.O.P. No. 96 of 1981 under S.110A

of the Motor Vehicles Act (hereinafter referred to as the Act) before the Motor Accidents Claims Tribunal/Principal Subordinate Judge), Vellore claiming a total Compensation of Rs. 35,000/-.

3. Lakshmipathy, who was driving the bus at the time of the accident, was arrayed a