( 1 ) THE claimants have filed this appeal under section 173 of the motor Vehicles Act, 1988, against the award passed on 12,4. 2002 by Fifth Additional motor Accidents Claims Tribunal, gwalior in Claim Case No. 86 of 2001 for enhancement of compensation as well as for setting aside the finding of exonerating the insurance company from its liability as the deceased was travelling on mudguard of tractor.

( 2 ) THE brief facts of the case are that the deceased Parmal Singh was a young man aged about 25 years. He was a skilled mason. On 9. 7. 2001 the deceased has gone on' tractor No. MP 07-H 9845 for taking sand from Govinda Ghat, Pichhor, on tractor-trolley. While tractor was returning after taking sand between the intervening night of 9/10. 7. 2001, tractor met with an accident. Tractor was being driven by respondent No. 1, who was driving it rashly and negligently. On the culvert near Chuk-ghai Ki Nariya the said tractor-trolley turned turtle. Parmal Singh came under the vehicle and died. The incident was reported to P. S. , Bijora, where crime was registered and charge-sheet was filed. Widow of the deceased and his parents have filed claim petition before Claims T