N.P. Singh, J.

1. This appeal is directed against the award dated 29.6.1989 passed by the Motor Accidents Claims Tribunal, Rewa, in M.V. Case No. 30 of 1984 whereby he awarded compensation of Rs. 1,00,000/- to claimants-respondents against the appellant, being the owner and driver of the tractor, exonerating the insurance company from the liability to pay the compensation.

2. Facts giving rise to this appeal are that on 22.5.1984 the deceased Maha-deo, who possessed a grocery shop in his village Ghoura, was hauling wheat bags by tractor-trolley No. MBA 7213 of the appellant to Mangawan. The tractor was being driven by the appellant in rash and negligent manner, as a result the tractor turned turtle while crossing a nalla at about midnight and as a result the deceased came under the trolley and was badly injured while other occupants of the trolley escaped injury. The deceased was admitted to Gandhi Memorial Hospital, Rewa, where he succumbed to his injury on 21.7.1984.

3. The wife, daughter and son of the deceased filed the claim case against the appellant and the insurance company, respondent No. 4, claiming compensation of Rs. 1,08,000/- on the ground that the deceased was a