Judgment :

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division bench of the Karnataka High Court dismissing the appeal filed under Section 173 of the Motor Vehicles Act, 1988 (in short the `Act). The Award made by the Motor Accidents Claims Tribunal, Bangalore (in short the `MACT) was questioned in the appeal. MACT by its Award dated 16.2.2002 had awarded a sum of Rs.11,04,032/-as compensation.

3. Background facts giving rise to the appeal as projected by the claimants for compensation are as follows:

On 14.12.1998 at 8.40 p.m. one T.S.C Shekar, the husband of claimant No.1 and father of claimant No.2 and son of claimant No. 3 were hit by the BMTC Bus bearing registration No.KA-01-F-300 driven in a rash and negligent manner by its driver while he was at the BMTC bus stand at Bangalore. Due to such hit, he fell down suffering injuries and succumbed to the same. Claim in this regard was laid under Section 166 of the Act seeking compensation on the plea that the deceased was a permanent employee in the State Government working as a Superintendent on a salary of Rs.12,239/- with other benefits of service and was aged 53 years. Due to hi