RAMANUJAM, J. :- The insurer of the vehicle MDS 8287, which was involved in a fatal accident and against whom an award was passed for a sum of Rupees 25000/- by the Tribunal in M.A.C.T. O.P. 42 of 1977, is the appellant herein.

2. On 15-2-1977, at about 9.30 a.m. one Kunjithapatham was checking in the said bus as he was the checking inspector employed by the transport company which owns the bus. While he was so checking the tickets, the vehicle got off the road and dashed against a palmyra tree and capsized. As a result of the sudden jerk and unexpected dashing and capsizing of the bus the said Kunjithapatham was crushed to death. On the ground that the accident was due to the rash and negligent driving of the said' bus by its driver, the dependants of the deceased

Kunjithapatham flied a claim Petition in M.A.C.T.O.P. No.42 of 1977 claiming a compensation of Rs. 50,000/- for his death.

3. The said claim petition was opposed by the owner of the vehicle and the insurer with which the vehicle had been insured. The owner's case was that the accident was not due to the rash and, negligent driving of the bus by its diver, that the road was too narrow at that place and on seeing a