( 1 ) ORIENTAL Insurance Co. Ltd. ,which is the respondent No. 1 in M. V. C. No. 376 of 1999 on the file of the court of the Motor Accidents Claims Tribunal and Additional Judge, Court of Small Causes,mayo Hall Unit, Bangalore, (SCCH 20), (for short the Tribunal), being aggrieved by the judgment and award of the Tribunal dated 28. 3. 2002, has preferred this appeal under section 173 (1) of Motor Vehicles Act, 1988 (for short the Act ).

( 2 ) THE facts of the case, in brief, are:the respondent Nos. 1 and 2 herein,namely, Kempamani and Jayanthkumar are the dependants of late C. M. Basavaraju (deceased ). The deceased was working at a pub on Brigade Road, Bangalore and he died in a motor accident which took place on Varthur Main Road in front of Sunrise Bar and Restaurant, at about 11 p. m. , while he was proceeding to his house on a Hero Puch (a two-wheeler) when a stray cow rushed into the middle of the road from the left side and dashed against the Hero Puch driven by the deceased. Consequently, the deceased lost balance and fell down. The deceased was shifted to Manipal Hospital,where he succumbed to injuries and was declared dead. The age of the deceased was said to be