( 1 ) THE claimants in a motor vehicle compensation case being aggrieved by the judgment and award dated 28. 7. 2001 passed in M. V. C. No. 708 of 1995 on the file of the court of Principal civil Judge (Senior Division) and Addl. M. A. C. T. , Mandya (the M. A. C. T. for short) have preferred this appeal under section 173 (1) of the Motor Vehicles Act, 1988 (for short the Act ). The M. A. C. T. by the impugned award has awarded compensation of Rs. 50,000 along with 9 per cent interest to the appellants under no fault liability and dismissed the claims of the appellants for compensation based on actionable negligence.

( 2 ) THE facts of the case in brief are as follows: On 2. 6. 1995 at about 5. 15 p. m. , the deceased M. R. Vani was travelling on rx Yamaha motor cycle as pillion rider from Mandya towards Mysore on the left side of the road and when they were going near Shambulingeswara Temple, the veil of the deceased was stuck with the back wheel of the motor cycle and on account of that, she fell down. At that time, the lorry bearing the registration No. KL 10- c 5616 came from Bangalore side driven in a rash and negligent manner and ran over the body of M. R. Van