1. Second respondent insurance company in MVC No.8035/2004 on the file of MACT, Bangalore, has come up in this appeal impugning the judgment and award dated 8.2.2008 passed therein.

2. Brief facts leading to this appeal are as under:

The case of claimants before the Tribunal is that first claimant is widow of one Muniyappa @ Pullappa, claimants 2 to 4 are his children and 5th claimant is his mother. Though in the body of judgment she is shown as mother, in the cause title she is shown as wife of deceased Muniyappa @ Pullappa. According to claimants, on 27.11.2004 at about 5 pm., when deceased was proceeding in front of the shop of one Shamanna, complainant in FIR, which is at Ex.P1 was hit by a scooter bearing No.KA-05/R.2688. In that behalf complaint is lodged by Shamanna on the same day i.e, on 27.11.2004 at about 9 pm. Based on that complaint, FIR was registered and both are referred to as Ex.P1 before the Tribunal.

3. At this juncture it is necessary to bring on record certain facts. Admittedly, the person who met with accident on 27.11.2004 at 5 pm., in front of Shamanna’s shop at H.Cross was an unknown person to everybody including Shamanna. In the complaint vict