( 1. ) THIS appeal has been preferred by the unsuccessful claimants in Claim Case No. 4 of 1976 before the Motor Accidents Claims Tribunal, Rajnandgaon, decided on January 16, 1978. The evidence has been recorded in Claim Case No. 4 of 1976 and the main award with reasoning is also passed in that case. Out of that accident, Claim Cases Nos. 2, 3 and 7 of 1976 were filed and disposed of by the said award.

( 2. ) THE appellants had claimed compensation amounting to Rs. 1,78,000 on account of an accident which occurred on November 23, 1975, on Khairagarh-Rajnandgaon road to bus No. CPS 8937 belonging to the non-applicant-respondent No. 1 and insured with the non-applicant-respondent No. 2. M. A. Gani and two others died in the said accident. The applicant-appellant No. 1 is the widow and other applicants-appellants are the children of late M. A. Gani.

( 3. ) LATE M. A. Gani was aged about 49 years on the date of the accident and was travelling in the bus No. CPS 8937 from Chhuikhadan to Rajnandgaon occupying the seat immediately at the back of the driver. He was an employee of the Bhilai Steel Plant.

( 4. ) THE learned presiding judge of the Motor Accidents Claims Tribunal, Ra