( 1 ) THIS miscellaneous first appeal is directed against a judgment and award made by Motor Accidents Claims tribunal, Bangalore Rural District, Bangalore, whereby M. V. C. No. 936 of 1997 has been allowed in part and a sum of rs. 50,000 with interest at the rate of 6 per cent per annum awarded as compensation for the death of late Arun Kumar in a road accident.

( 2 ) THE deceased Arun Kumar was on 8. 7. 1997 riding a scooter on his way from maddur to Malavalli. When he reached a place near the Sugarcane Mill owned by one Malleshanna situated on the said road, he met with an accident resulting in his death. A claim petition in M. V. C. No. 936 of 1997 was presented by the parents of the deceased for payment of compensation. According to the averments made in the said claim petition, the deceased was engaged as a driver by respondent No. 1, the owner of the scooter involved in the accident and the accident in question had taken place while the deceased was trying to avoid a cyclist who had suddenly emerged on the road. The claim petition specifically stated that claimants were exercising their right of filing a claim before the Motor accidents Claims Tribunal instead of