( 1. ) THIS appeal filed by the New India Assurance Co. Ltd. under Section 110 D of the Motor Vehicles Act, 1939, is directed against an award dated July 10, 1978, passed by the Member, Motor Accidents Claims Tribunal, Jhabua, in Claim Case No. 2 of 1977, whereby he has awarded a total compensation of Rs. 26,667 plus costs and interest, in favour of claimant-respondents Nos. 1 to 5, as apportioned therein, though they had put up a claim for Rs. 1,35,000 by way of compensation on account of the death of Mathur Kumhar due to an accident that occurred on March 24, 1977, by truck No. MPI 4109.

( 2. ) THE facts giving rise to this appeal may be stated, in brief, thus Claimant-respondent No. 1, Smt. Lakhibai, is the widow of the deceased, Mathur Kumhar, respondents Nos. 2, 3, 4 and 5, namely, Narayan, Kumari Savita, Kumari Kanti and Amrit, are the sons and daughters of the deceased. Truck No. MPI 4109 is owned by respondent No. 7, Mahendrasingh, of which respondent No. 6, Narayan, was the driver on the fateful day. The said truck was insured with the appellant, the New India Assurance Co. Ltd. , at the relevant time. On March 24, 1977, when the deceased, Mathur Kumhar, was proce