D.M. Dharmadhikari, J.

1. A common order is being passed in this appeal, Misc. Appeal No. 142 of 1989, and in appeals, Misc. Appeal Nos. 143 and 144, both of 1989, all preferred by the claimants against the award of the Motor Accidents Claims Tribunal, Shivpuri, passed on 25.9.1989 in relation to an accident to truck No. MPW 4832.

2. Facts not in dispute are-that truck No. MPW 4832 while carrying in its body labourers overturned on 5.4.1984 some time in the midnight in which two labourers, by name Hotam and Harvilas, died and the third Deo Pal suffered injuries resulting in fractures of his bones. The Claims Tribunal awarded to the claimants of the deceased in each case a compensation in the sum of Rs. 28,000/- and a sum of Rs. 12,000/- to the injured labourer, Deo Pal. The Claims Tribunal held only owner and driver of the vehicle jointly and severally liable for payment of compensation. The Tribunal totally absolved the insurance company from any liability by holding that the three above-named victims of the accident were not employed on the truck by the owner of the vehicle. They were labourers of the mine-owner and were carried in the truck as gratuitous passengers. The Tr