Hon’ble Pankaj Mithal, J.—One Subodh Kumar Agarwal was knocked down to death by a negligently driven truck. The truck was insured with the New India Assurance Co. Ltd. The dependents of the deceased i.e. his widow Smt. Abha Rani, two minor children and parents joined together to file a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 6,50,000/-. According to them the deceased aged about 28 years was working as an Assistant Manager in Vikas Food Products, Agra and was drawing a salary of Rs. 2,500/- per month. The claim was opposed by the respondents on the ground that the deceased himself was negligent in riding a moped and, therefore, neither the owner of the truck nor the New India Assurance Company were liable for payment of compensation. The factum of the deceased being employed as Assistant Manager in Vikas Food Products, Agra was also denied. The New India Assurance Company by filing a separate written statement further alleged that the truck driver was not having a proper driving licence and, therefore, the insurance company is not liable for the payment of any compensation.

2. The Motor Accident Claims Tribunal vide the impugn