Sujata V. Manohar, J. -- 1. Leave granted.

2. This appeal by special leave arises from a judgment and order dated 11.2.1994 passed by the High Court of Madhya Pradesh in Miscellaneous Appeal No. 444 of 1991. The appellant before us is the New India Assurance Company Ltd. It has issued a comprehensive insurance policy in respect of a bus which was used for carrying passengers for hire and bearing Registration No. CIK-8108 owned by Respondent 4. This insurance policy was in force at the material time.

3. On 3.1.1989 this bus, while it was being driven by Respondent 5, met with an accident. The deceased, Laxman Singh, who was sitting on the roof top of the bus with the permission of the bus driver, Respondent 5, hit a tree on account of the alleged rash and negligent driving of the said bus by Respondent 5. He was admitted to hospital and died on 7.1.1989 on account of the injuries received in the accident. The legal heirs of Lax man Singh, who are Respondents 1 to 3 before us, filed a claim for compensation amounting to Rs. 7,81,000 before the Motor Accident Claims Tribunal, Narsinghpur. The Motor Accident Claims Tribunal, by its order dated 10.4.1991, awarded to Respondents 1 to