( 1. ) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 24-7-97 passed by III rd Additional Motor Accident claims Tribunal, Satna in Claim Case No. 112/97.

( 2. ) CLAIMANTs case, in brief, is that on 31 -1 -90 deceased Roshanlal and his wife were going to Maihar Market for selling two bags of vegetables in truck no. M. P. A. 8217 by making payment of Rs. 50/ -. The aforesaid truck was driven by respondent No. 3 who is the real brother of Roshanlal. When truck reached near the Tamas River, Bus No. CPU 7587 driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 5 dashed against the standing truck. Roshanlal was sitting in the standing truck sustained injuries and taken to the hospital where in the evening he died.

( 3. ) THE Tribunal framed as many as four issues and came to hold that the deceased was travelling in the truck as a gratuitous passenger hence, the liability cannot be fastened on the respondent No. 5/insurance Company and the accident took place due to 50% - 50% contributory negligence of both the drivers of bus and truck. The Tribunal has awarded Rs. 1,29,400/- with simple interest fro