S.K. Dubey, J.

1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988, (for short, 'the Act'), by the claimants against the award dated 4.11.1993, passed in Claim Case No. 5 of 1991 by the Fifth Additional Motor Accidents Claims Tribunal, Gwalior.

2. Brief facts giving rise to this appeal are these: One Hukmi, the husband of appellant No. 1 and father of appellant Nos. 2 and 3, was travelling in truck No. CPW 7690 on 26.11.1990, which met with an accident because of rash and negligent act of the driver, the respondent No. 2, as a consequence of that, he died at the spot. A dehati nalis was lodged by one Ramua, who was also travelling as a labourer in the truck which was loaded with the gittis. The claimants filed an application under Section 166 of the Act and claimed total compensation of Rs. 4,25,000/-, averring therein that the deceased was travelling as a labourer in the truck, who was engaged on the same day at the rate of Rs. 30/- per day by the driver of the truck. The owner of the truck denied the rash and negligent act of the driver of the truck, but admitted that the deceased was engaged by the driver as a labourer to load and unload the gittis. Insu