Dismissal of the claim petition preferred under 'Section 163A' of the Motor Vehicles Act [herein after referred to as the 'Act' for short] holding that the claimants are not liable to be compensated in respect of the death of their son, who was riding the motor cycle at the relevant time, in view of the law declared by the Apex Court in Ningamma and another Vs. United Insurance Company Ltd., AIR 2009 SC 3056 : 2009 ACJ 2020 is the subject matter of challenge in this appeal.

2. The deceased rider of the motor cycle was riding a two wheeler on 07.08.2001, when the vehicle suddenly overturned causing fatal injuries leading to death of the rider. Claim petition was filed by the appellants [widow and minor son of the deceased] under Section 163A of the Act; where the parents of the deceased were shown as respondent Nos. 3 & 4. Contending that the deceased, aged 28 years was having a monthly income of Rs. 3000/-, compensation was claimed to an extent of Rs. 6 lakhs. The owner of the motorcycle and the parents of the deceased [respondent Nos. 1, 3 & 4 respectively] were set e