( 1 ) HEARD the learned Counsel for the parties.

( 2 ) THIS appeal is directed against the Judgment and Order dated 17-8-2002 passed by the Motor Accident Claims Tribunal, Latur (for short, "the Tribunal"), dismissing the Motor Accident Claim Petition No. 115/1991, filed by the appellants.

( 3 ) THE facts relating to the claim are stated below. The appellant No. 1 is the widow and the appellants numbers 2 to 4 are the children of deceased Sanjay Salunke, who succumbed to injuries arising out of a motor accident, which took place on 16-4-1991. The appellant numbers 5 and 6 are the parents of the deceased. On 16-4-1991, deceased Sanjay was travelling on a two wheeler "spark" on Ausa-Tuljapur road near Manohar Tanda between 9. 30 pm to 10. 00 pm. The deceased along with his three friends, namely, navnath, Venkat and Ram Khanderao had gone to Tuljapur on two "spark" two wheelers. All of them started their return journey at about 5 p. m. As the air pressure in rear tyre of one of the two Sparks was less, three friends travelled on one Spark and deceased Sanjay travelled on another Spark. Deceased Sanjay was ahead and his three friends followed him. Accident took place between 9. 30 p. m. and 10 p. m. within the sight of the three friends of the deceased Sanjay, who were following him. At the relevant time, the State Transport Bus, belonging to respondent No. 1 which being driven by respondent No. 2, came from the opposite direction, and gave dash to the spark driven by the deceased on the left hand side of the road. Because of the dash, deceased Sanjay was thrown on the road and received injuries to his head and legs. Deceased Sanjay was then taken to the Government Dispensary at Belkund where the medical officer, attached to that Dispensary, asked him to be taken to Ausa, where also Sanjay was advised to be taken to the Civil Hospital at Latur. Sanjay was accordingly taken by his friends who were following him, to the Civil Hospital at Latur where he succumbed to the injuries on the next day. The appellants thereupon filed a claim petition, bearing Motor Accident Claims Petition No. 115/1991, for compensation of Rs. 1,50,000/-, against the respondents. The respondents resisted the claim petition and contended that the respondent No. 2, the driver of the bus in question was not negligent in driving, but the accident occurred due to the negligence of deceased Sanjay himself, and therefore, they were not liable to pay compensation. The Tribunal held that the claimants had not proved that the accident had occurred on account of negligent driving of respondent No. 2, and therefore, by its Judgment dated 17-8-1992 dismissed the claim petition. That decision is impugned in this appeal.

( 4 ) FROM the pleadings and evidence adduced by the parties before the tribunal, following points arise for my determination. (i) Whether the accident caused due to rash and negligent driving of the respondent No. 2, the driver of the bus belonging to the respondent No. 1 ? (ii) If yes, what would be the amount of compensation that the appellants are entitled to?re. Point No. 1:

( 5 ) THE appellants examined Navnath, the friend of the deceased as an eye witness. In his evidence, Navnath has stated that the accident took place on 16-4- 1991 at about 10 p. m. He has further stated that the deceased was driving the spark and he along with his two other friends were following him on another spark vehicle. At the spot of the accident, tar road was about 20 feet wide and there was a kachha road of five feet, on its both sides. The deceased was driving his Spark two wheeler on the left side of the road and the distance of his vehicle was of five feet from the left side of the road. The S. T. Bus came in the opposite direction in a rash and negligent manner and it was being driven at an excessive speed. It gave dash to the Spark vehicle which was driven by the deceased. Because of that accident, deceased Sanjay suffered injuries to his head and legs. Decea