( 1 ) THE appellants-original opponents in Claim Case No. 776 of 1995 pending before the Motor Accident Claims Tribunal (Main), Rajkot have by this appeal challenged the interim award of compensation dated 30-4-1998 passed under Sec. 163-A of the Motor Vehicles Act, 1988.

( 2 ) CLAIM Case No. 776 of 1995 came to be filed by present respondents as original applicants/claimants on the following facts : one Mayur, minor son aged about 6 years of the claimants died of injuries sustained by him by a Motor Vehicle being Laxury Bus No. GJ-3 T 9815 driven by appellant No. 1, owned by appellant No. 2 and insured with appellant no. 3. The claim is filed for an amount of Rs. 2,50,000. 00. However, claimants filed application Exh. 4 to award them compensation pending the claim application under Sec. 163-A of the Motor Vehicles Act. 1988 ("act" for short ). The Tribunal after considering the fact of accident, age of victim and income of victim, passed the award under Sec. 163-A of the Act and the same is under challenge in this appeal.

( 3 ) THE main challenge of the appellant to the award is on the ground that the same is passed without affording any opportunity to the opponents