( 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 about 38 years and he was earning Rs. 1,746 per month on the date of accident. The respondent Nos. 1 and 2 filed a claim petition under section 166 (1) of the Act claiming total compensation of Rs. 5,00,000 with interest.

( 3 ) THE petition was opposed by appellant insurance company by filing statement of objections, inter alia, contending that the deceased was the owner-cum-insured travelling on the vehicle and that he was not a third party; that he was a party to the contract of insurance whose risk is not required to be covered under the Act and in fact his risk was not covered under the policy. It was also contended that there was a clause in the policy which excluded the liability of the insurer to pay compensation for death and injury of the insured.

( 4 ) ON the basis of the above pleadings,the Tribunal framed the following issues:" (1) Whether the petitioners prove that C. M. Basavaraju, died in motor accident that occurred on 22. 2. 1998 at about 11 p. m. on Varthur Main Road, while he was going on his moped KA 03-Q 2226? (2) Whether petitioners further prove that the above said accident occurred due to suddenly rushing of a stray cow into the middle of the road and touched the moped of the deceased? (3) Whether petitioners are entitled for compensation, if so, to what amount? (4) What award or order?"

( 5 ) RESPONDENT No. 1 examined herself as PW 1 and 11 documents were marked as Exhs. P-l to P-ll in support of the claim. Senior Assistant of the insurance company was examined as RW 1 and a document was marked as Exh. R-l on behalf of the appellant insurance company.

( 6 ) THE Tribunal on appreciation of the evidence on record held that the deceased succumbed to the injuries on account of the accident. Further, the Tribunal placing reliance on condition 1 (1) of the insurance policy and the judgment of the Apex Court in the case of Kaushnuma Begum v. New india Assurance Co. Ltd. , 2001 ACJ 428 (SC), awarded Rs. 2,72,456 as compensation together with interest at 6 per cent perannum from the date of claim petition till realisation.

( 7 ) AGGRIEVED by the said judgment and award, the insurance company preferred this appeal.

( 8 ) WE have heard Mrs. B. V. Naga- rathna, learned counsel for the appellant and Mrs. Sheela Krishna, learned counsel for the respondent. Mrs. Nagarathna contended that in the accident, no other vehicle was involved except the vehicle owned by the deceased and, therefore, deceased could not have been considered as a third party. In terms of contract of insurance produced as Exh. R-l, the appellant company has no obligation to indemnify the insured party in respect of injuries caused to him or his dependants in the event of his death inasmuch as the policy under the provisions of the Act requires that the insurance company h