1. The appellant/Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the award dated 3.5.2001 passed by the Additional Motor Accident Claims Tribunal, Durg (for short 'the Claims Tribunal') in Claim Case No. 21/1997 whereby the liability of payment of compensation has been fastened upon the appellant/Insurance Company to indemnify the award of Rs.4,48,272/- along with interest @ 6% per annum from 16.12.2000 till its actual payment.

2. Necessary facts required for adjudication of this appeal are as under:

(2.1) Claimants i.e. unfortunate widow and son of deceased-Sukaluram have filed claim petition under Section 163-A, 166 of the Motor Vehicles Act pleading inter alia that deceased Sukaluram was sitting in the offending vehicle Motor cycle bearing registration No. M.P.24 D/7911 which was driven rashly and negligently by its driver - Tilakram Pargania, owned by respondent No. 3 Shyam Sunder Dewangan, caused death of Shri Sukaluram, aged about 52 years and claimed compensation to the tune of Rs.13,82,720/- for the death of the deceased.

(2.2) Respondent No. 3 Shyam Sunder Dewangan - Owner of the offending vehicle remained ex part