SHAMBHOO SINGH, J.

( 1 ) THIS order disposes of M. A. No. 414 of 1994 and M. A. No. 398 of 1994 preferred by National insurance Co. Ltd. and Uma Devi and others respectively being aggrieved of the award dated 2. 5. 1994 passed by Additional Motor Accidents Claims Tribunal, ratlam in Claim Case No. 38 of 1983.

( 2 ) THE claimants case was that on 29. 3. 1983 on the occasion of Holi festival, some people were going in the truck No. MPU 6244 owned by Prahlad and Ratanlal, driven by Chetan Kumar and insured by appellant, for enjoying a picnic to Garh khankai Mata. The deceased Shamlal was engaged as cook for preparation of their food. The driver drove the truck rashly and negligently as a result of which it turned turtle in the Ghats of Jhaman-Patli wherein some occupants including deceased Shamlal died and some of them sustained serious injuries. The claimants, widow and 3 daughters of the deceased Shamlal, filed claim petition pleading that the deceased shamlal was aged about 25 years and was earning Rs. 500-600 per month, claimed rs. 1,40,000 for his death. The respondent no. 1 Chetan Kumar denied the claim and pleaded that he was not driving the truck at the relevant time. The lega

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