D.M. Dharmadhikari, J. -- 1. This is an appeal by the owner of the Motor Vehicle and the Insurance Company against the award of the Claims Tribunal, Raisen, dated 10.9.84 in favour of the respondents Nos. 1 to 5, who arc dependents of deceased Hariram, who died on 6.9.1974. The only admitted facts arc that on 6.9.1974 at the place of occurrence of the accident the deceased Hariram was found dead with his bicycle lying near his body and truck No. MPC-3501 was lying in a dashed condition against the road-side tree.

2. The only evidence regarding the accident is of Harlal (A W -2), who stated that the deceased was working as labourer with the same contractor with whom he was working and had received the news of accident. On receiving the news of the accident he rushed to the spot and found deceased Hariram lying dead with a fractured leg and the truck lying nearby in a dashed condition against a wad-side tree. The Claims Tribunal allowed the claim of the dependents of Hariram and taking into consideration his age about 40 years and daily earning at the rate of Rs. 10/- awarded a total compensation in the sum of Rs. 18,000/-.

3. In this appeal at the instance of the owner of the