( 1 ) THIS Appeal is by the Insurance Company against the Award in a claim petition under the Motor Vehicles Act.

( 2 ) THE first respondent-claimant before the Motor Accidents Claims Tribunal is the daughter of one Meenakshi. On 17-1-1980, at about 7. 45 p. m. , while Meenakshi along with one Devaki was going along the Court Road, Udupi, an Autorickshaw bearing Regn. No. MYX 7195 driven by the second respondent and owned by respondent No. 3, came in a rash and negligent manner and dashed against the said Meenakshi and Devaki. Meenakshi sustained grievous injuries due to the accident and later she succumbed to the injuries. An application for compensation was filed by the first respondent alleging that the accident occurred due to the rash and negligent driving of the vehicle by the second respondent. Earlier to this application, one Devi Prasad Shetty, S/o the deceased Meenakshi, had filed an application for compensation on account of the death of his mother Meenakshi. After contest, the above application was dismissed by the trial Court by an order dated 1-3-1984 which is produced as Ex. D. 12 in the case. It is alleged that the present claimant was not a part