( 1 ) THIS is owner's appeal u/s. 173 of the Motor Vehicles Act, 1988 against the award dt. 10-7-1996 in Motor Accident Claim Case No. 10/90 passed by the Vth Addl. Motor Accident Claims Tribunal, Bilaspur.

( 2 ) FACTS giving rise to this appeal are thus : The respondents Nos. 1 to 3 filed an application under Section 110-A of the Motor Vehicles Act, 1939 (the 'act of 1939') on 9-3-1988 before the Claims Tribunal, Bilaspur to claim compensation of Rs. 1,82,000/- for death of Shivprasad aged about 37 years, the husband of respondent No. 1 and father of respondents 2 and 3 who died in motor accident on 1-1-1988 by the use of Truck No. MPL 7112 owned by the appellant, insured by the respondent No. 8 and driven by respondent No. 9 at the relevant time. The deceased hired the Truck on payment of Rs. 300/- for carrying his goods/bundles of cloth to the weekly market in Khodri Bazar. As the driver of the appellant was not available the appellant engaged the respondent No. 9 a duly licensed driver arranged by the deceased to drive the truck. For the safety and security of loaded goods the deceased also travelled in the truck. On the way the truck turned turtle as a result o