Judgment

Arijit Pasayat, J.—Leave granted.

2. Challenge in this Appeal is to the judgment rendered by a Division Bench of the Kerala High Court affirming the Award made by the Motor Accident Claims Tribunal, Neyyattinkara (in short the ‘Tribunal’), disposing of an application filed under Section 166 of the Motor Vehicles Act, 1988 (in short the ‘Act’).

3. Background facts according to the respondents (hereinafter referred to as ‘Claimants’) are a follows:

4. On 5th July, 2002 at about 7.30 P.M. one Satheesh Kumar (hereinafter referred to as ‘the deceased’) lost his life in an automobile accident. The deceased was riding a Hero Honda Motor Cycle. The bus belonging to the appellant- Corporation (hereinafter referred to as the ‘Corporation’) dashed against the deceased as a result of which he sustained serious injuries on the left side of his body, thereafter, he was taken to the Medical College Hospital, Thirueanantpuram where he expired. A claim petition was filed by the respondents who are the widow, children and the mother of the deceased before the Tribunal. A claim of Rs. 25 lakhs as compensation was made. Considering the evidence on record the Tribunal came to hold that the claiman