S.K. Dubey, J.

1. The New India this appeal against the award dated 2.3.1981, Assurance Co. Ltd., Indore, has come up in passed by the Motor Accidents Claims Tribunal, Jhabua, in Claim Case No. 1 of 1979.

2. The claimants claimed compensation of Rs. 10,600/- for the death of Goverdhan on 27.11.1978, arising out of use of motor vehicle truck No. GTB 6055. The deceased was 21 years of age and was employed as a cleaner on the said truck on the monthly wages of Rs. 260/- per month. The Tribunal after appreciating evidence awarded Rs. 37,800/- as compensation with 6 per cent interest per annum from the date of the application, i.e., 24.1.1979.

3. Mr. M.L. Dhupar, learned Counsel for the appellant, contended that according to the terms of the insurance policy, the risk of the cleaner was covered, who is a 'workman' under Section 2(1)(n) of the Workmen's Compensation Act, 1923 (for short 'the Act'), therefore, the compensation could not have been awarded more than Rs. 18,000/- which is statutorily prescribed under the Act. To support his contention, the learned Counsel pressed into service, Samaraj Oil Mills & Fertilizers v. D. Kothandaraman 1970 ACJ 405 (Madras), Venkataraman v. Abd