Judgment:-

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Kerala High Court dismissing the appeal filed by the appellant questioning correctness of the award passed by the Motor Accident Claims Tribunal, Paravur (in short the `MACT).

3. Background facts in a nutshell are as follows:

One Anil lost his life in a vehicular accident on 17.6.1999. The respondents filed a Claim Petition in terms of Section 166 of the Motor Vehicles Act, 1988 (in short the `Act). It was stated in the claim petition that when the deceased was driving a motor cycle, a tractor owned by respondent no.5 which was being driven in rash and negligent manner by respondent No.4 dashed against him and he suffered serious injuries. The vehicle was the subject matter of insurance with the present appellant (hereinafter referred to as the `insurer). A claim of Rs.12,00,000/- was made. The stand taken by the insurer was that the accident took place only due to the negligence of the deceased and there was no negligence on the part of the driver. It was also submitted that there was no evidence regarding the income of the deceased and, therefore, the claim