Gokal Chand Mittal, J.

1. This is an appeal by the insurance company against the award of the Motor Accident Claims Tribunal, Gurgaon, dated 22nd of April, 1971, whereby a sum of Rs. 8,000 has been awarded to each of the three claimants against Ishwar Singh, driver, Randhir Singh, owner of the truck and the appellant-insurance company. Out of the amount awarded Rs. 20,000 was to be paid to the claimants by the insurance company and the remaining by the owner and the driver of the truck jointly and severally.

2. Ram Karan was conductor on truck No. HRG-1170, which belonged to Randhir Singh, respondent, and used to be driven by Ishwar Singh, respondent. The truck was insured with M/s. Indian Mercantile Insurance Co. Ltd., New Delhi, and under the policy there was a special clause that the insurance company would be liable to compensate not only under the Workmens Compensation Act, 1923, but also under the Fatal Accidents Act or at common law in respect of any personal injury to any paid driver (or cleaner or conductor or a person employed in loading and/or unloading). On 12th of March, 1969, while Ram Karan, conductor, was checking the wheels of the truck, the driver started