( 1 ) THE Madhya Pradesh State Road Transport Corporation (MPSRTC) has preferred this appeal under S. 173 of the Motor Vehicles Act, 1988, against the award dated 31-1-1992, passed in Claim Case No. 2 of 1987, by Second Additional Motor Accident Claims Tribunal, Shivpuri, for short, the 'tribunal'.

( 2 ) MATERIAL facts giving rise to this appeal are these. One Suresh Kulkarni, aged about 37 years, working as Welfare Officer in the State Bank of India at Shivpuri Branch, drawing monthly salary at the rate of Rs. 2,415/-, was travelling on 3-7-1983 as a passenger in passenger bus, owned by the MPSRTC, No. MPE 2600. The said bus was being driven by Laxmi Narain, respondent No. 4, during the course of his employment under the MPSRTC. While the bus was coming from Indore and going towards Bhind, near Badarwas, District Shivpuri, a truck No. URC 3981, owned by respondent No. 5, driven by one Chandgiram, the driver, and insured by New India Insurance Co. , the respondent No. 6, was going ahead of the bus. The bus driver asked for the side so as to overtake the said truck. According to the MPSRTC and its driver, the said truck driver gave side and allowed the bus to pass ov