Y.B. Suryavanshi, J.

1. The appellants/claimants have preferred this appeal under Section 110-D of the Motor Vehicles Act against the award, dated 22.2.1988 passed in Claim Case No. 163 of 1987 (old No. 164 of 1978) by Mr. S.L. Jain, 5th Additional Motor Accidents Claims Tribunal, Indore, whereby the entire claim of Rs. 1,00,000/- has been dismissed on the ground that the accident, namely, the death of the deceased Poonamchand, was caused due to contributory negligence of both the drivers of the vehicles involved, i.e., the bus and the truck and the claimants are not entitled for any compensation because the deceased Poonamchand was himself negligent in sitting on the right side of the driver's seat

2. At this stage, it is not in dispute that the claimants, namely, Hullanbai, Yashodabai and Laxmibai (then aged 1 year) are, respectively, the mother, widow and daughter of the deceased Poonamchand, who died in an accident at about 9.15 p.m. on 18.8.1978 on the Agra-Bombay Road. The truck CPB 6068 is owned by respondent No. 1, Jagdish Prasad and at the relevant time, it was driven by his driver respondent No. 2, Ramsingh alias Anokhilal. The truck was then insured with respondent