(1.) HEARD the parties and with their consent this appeal is disposed of under ORDER :, Rule 11 of the Code of Civil Procedure.
(2.) ONE Shatrughan Singh, a vegetable trader, on 7.5.1997 in a motor accident lost his life. He was travelling on a truck, bearing registration no. SEQ -4838, which was a goods carrier and not a public service vehicle. It was carrying stone chips. The ill -fated truck fell down in a ditch.
(3.) THE tribunal found the accident occurred, as a result of rash and negligent driving. It was also found that the deceased was a gratuitous passenger on the truck. The vehicle under reference was being plied in violation of the terms and conditions of the insurance policy.