Tare, J.-

1. This is an appeal under S. 110–D of the Motor Vehicles Act, 1939, against the award dated 19-9-63, passed by the Claims Tribunal, Gwalior, presided over by the Additional District Judge, in Motor Vehicles Accident Case No.8 of 1962, awarding Rs. 20,480 to the legal representatives of the deceased Laxminarayan, as against their claim for Rs. 31,230.

2. The fact leading to the present claim were as follows: The deceased Laxminarain was travelling in a Bus No. M. P. G. 4131 on 22-3-1962 from Shivpuri to Chanderi. The Bus belonged to the M. P. State Road Transport Corporation and was being driven by the second appellant, Ratanlal. On the way the Bus collided against 'Neem' tree at Mile No. 21/2 at about 9 A. M. Laxminarain died on the spot as a result of severe injuries. Hence the claim by the heirs of the deceased.

3. The appellants' defence was that there was no rash and negligent driving on the part of the driver but it was purely a case of a chance accident and the present appellants could not be held liable for any damage whatsoever.

4. The Claims Tribunal found that the deceased at the time of his death was 59 years of age. As a Government pensioner, he was ge