JUDGMENT :

Heard Mr. S. Dutta, learned senior counsel for the appellant/United India Insurance Company Ltd. Also heard Mr. A. Mobaraque, learned counsel for the respondents No.1 & 3 and Ms. B. Choudhury, learned counsel for the respondents No.4(a) to 4.8.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by the appellant/United India Insurance Company Ltd., challenging the judgment and award dated 26.02.2002, passed by the learned Member, Motor Accident Claims Tribunal, Nalbari, in MAC Case No.25/1992, whereby an amount of Rs.2,00,000/-(Rupees Two lakhs only), have been awarded as a compensation to be paid to the claimants, who are the respondents No.1 and 3 herein, in equal proportion by the appellant/Insurance Company as well as the respondent No.4, the owner of the offending vehicle, who is now represented by the legal heirs.

3. The facts leading to filing of the present appeal, briefly stated, are as follows:

The respondents No.1, 2 and 3 as claimants had filed a claim petition under Section 166 of the Motor Vehicles Act, registered as MAC Case No.25/1992, before the learned Member, Motor Accident Claims Tribunal, Nalbari, stating that on 18.12.1991,