1. This appeal by defendant No.1 against the judgment and decree of the Civil Judge, Senior Division, Thane, awarding compensation of Rupees 1,49,400/- under the Fatal Accidents Act, has been referred to the Full Bench by the Division Bench consisting of Dharmadhikari and S.J. Deshpande, JJ. as they felt that the decision of another Division Bench of this Court in Jaikumar v. Mary Jerome D'Souza , AIR 1978 Bom 239 , in so far as it took the view that the amount received from Life Insurance Policy on the death of the deceased was liable to be deducted from the compensation to which the plaintiffs were entitled, required reconsideration.

2. Since the whole appeal has been referred to the Full Bench, it becomes necessary to briefly state the facts leading to the present appeal.

3. The original plaintiffs Nos.1 to 5 are the legal representatives of deceased Narayan Shetty. Plaintiff No.1 is the widow of deceased Narayan. Plaintiff No.2, who was then a minor, is his son. Plaintiffs Nos.3 and 4 are his daughters and plaintiff No.5 is the mother of the deceased. It is not now in dispute that on 7th December, 1969 at about 10 a.m. when the deceased was driving his motor vehicle No. MRC 3011