A. K. MATHUR, C. J.

( 1 ) THIS is an appeal directed against the award dated 25. 8. 1990 passed by Motor Accidents Claims Tribunal, rajgarh in Case No. 21 of 1985.

( 2 ) BRIEF facts giving rise to this appeal are that a claim petition was filed by gayatri Bai (widow of deceased), minor daughter Lata Kumari and father Girdharilal of the deceased Pradeep Kumar who died on 9. 5. 1985 at Jirapur bus stand. Respondent Ahmadji was the owner of the bus No. MPU 5057 and respondent No. 2 afjal and respondent No. 3 Govind were driver and cleaner respectively of the bus. The bus was being plied between Jirapur and Shujalpur. Deceased Pradeep Kumar was working as a conductor of the bus. On 9. 5. 85, the bus was standing at bus stand jirapur and the driver and the cleaner had raised the chassis of the bus over a jack for the purpose of changing the spring. Deceased Pradeep Kumar was sitting by the side. On account of rash and negligent act of the driver and the cleaner, the jack slipped and consequently the deceased got pressed between the mudguard and the wheels of the bus and ultimately succumbed to the injury on the spot. The bus was insured with New India Assurance Co. Ltd.

( 3 ) IT is alle

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