( 1 ) THIS judgment shall govern the disposal of all the three connected appeals, out of which Misc. Appeal no. 196 of 1998 has been filed against dismissal of the claim petition and Misc. Appeal No. 263 of 1998 has been filed for enhancement of compensation by the claimants and Misc. Appeal No. 304 of 1998 has been filed by the owners of the vehicle.

( 2 ) BRIEF facts of the case are that on 26. 6. 1995 a truck bearing registration No. MP 07-A 7032 owned by Gurudeep Singh, respondent No. 2, was being driven by lakhanpratap Singh, respondent No. 1. The said truck was insured with New India assurance Co. Ltd. , respondent No. 3, (hereinafter referred to as 'the insurance company' ). The case of the claimants was that deceased Mendabai and Doltibai along with Bhagti, Luma, Jenwati and Gopi were sitting near cement factory of Bhangarh and they were waiting for the bus to go to the place of worship. At the same time the aforesaid truck which was driven rashly and negligently came and turned turtle over the persons those who were sitting at that place. As a result of the accident, deceased mendabai died on spot and the deceased doltibai died on the way when she was being