Dubey, J. -- 1. This is an appeal under section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') against the award dated 9.2.1996, passed in claim case No. 28/94, by IInd Additional Motor Accidents Claims Tribunal, Bilaspur.

2. The appellants are the legal representatives of the deceased Sunder Singh, aged about 35 years, whe was employed as a driver on monthly wages of Rs. 1,500/- on truck No. CIL 5248 owned by respondent No.1 and insured with respondent No.2. The appellants filed an application under section 166 of the Act to claim compensation of Rs. 5,40,000.00 for the death of Sunder Singh caused in motor accident on 9.11.93 on the averments that the accident was caused due to negligence of the owner of the truck as the truck was 15 years old and was not kept in road worthy condition. Though, the truck had a fitness certificate, but the deceased complained about its condition as on road it used to go of and on out of order. On the fateful day of accident the truck after loading the fire wood of about 30 quintals beyond its capacity was coming from Chiran, Because of the heavy load first one of its tyre got punctured and thereafter near Saraiya barrier its arm bolt