1. This appeal is directed against the award dated 21.1.1986 of M.A.C.T. Dhar passed in Claim Case No. 17/84 whereby the claimant/respondents No.1 to 7 have been awarded a compensation of Rs. 42,000/- for the death of Khurpia, husband of respondent No.1 and father of respondents No.2 to 7 in a motor accident on 8.12.83 on the Manwar Singhana road, absolving the respondent No. 9 of the liability of payment of compensation and the appellant/owner of the vehicle was directed to make good the loss.

2. The brief history of the case is that deceased Khurpia was dealing with the whole sale business of seasonal fruits like Banana, etc. He used to purchase unripe bananas and on getting them ripe on furnace, used to sell them. On the date of accident, deceased Khurpia had purchased bananas in whole-sale from Non applicant No.2 (appellant here), the owner of the tractor and was carrying it to village Signhana in the tractor and trolly. He was also occupying one seat in the tractor & trolly as the owner or the goods. One Ballu was also travelling along with him in the tractor. The tractor was rashly and negligently driven by non-applicant No.1 (Res No.8 here). The tractor turned turtl