( 1. ) IN this appeal insurer calls in question the award dated 22. 7. 1997 passed by Third Additional Motor Accidents Claims Tribunal, Chhindwara in claim Case No. 30 of 1995.

( 2. ) THE deceased Manglu was going on a cycle from Chhindwara to Boria. He was dashed by Tata 407-MP 22-B 5119 driven by Shamim Khan owned by Sitaram and insured with United India Insurance Co. Ltd. Deceased was a postman, was going to distribute post at 12 noon from Boria to Pindrai. He was dashed from behind by tata 407 truck. Report of the accident was lodged at Police Station, Chand, an offence under section 304-A, Indian Penal Code was registered against the driver. Age of the deceased was 44 years. He was earning a sum of Rs. 1,500 per month in the government employment. Compensation of rs. 5,00,000 was claimed.

( 3. ) THE owner and driver in the written statement did not dispute the factum of accident, however, contended that driver was not negligent, all of a sudden Manglu turned without giving hand, that was the cause of accident. Vehicle was insured. Liability, if any, was that of the insurer. Driver was holding a valid and effective driving licence at the time of accident.

( 4. ) THE insure