(Sanjay Karol, J. - Arguments re-heard.

2.The present appeal arises out of the award dated 6th May,

2004 passed by Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr titled as Smt. Lagani Devi v. Bansi Lal and another dismissing the claimant’s petition filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred as to ‘the Act’).

3.The appellant’s son Harish Dharma, while driving Motor Cycle No. HPS-8809 on the National Highway No. 22 at about 7 p.m. met with an accident with vehicle No. HP-28-0397 near the Nirsu Dutt Nagar, Tehsil Rampur, District Shimla, H.P. Harish Dharma died on the spot and Rajesh Kumar (PW4) the pillion rider sustained injuries and after falling on the road became unconscious. Hearing the sound of the accident the nearby villagers came and arranged for medical assistance. The matter was reported to the Police and a criminal investigation was initiated against the respondents. PW-4 regained consciousness in the hospital and the deceased was cremated.

3-A.The appellant being the mother of the deceased as claimant filed the claim petition seeking compensation of Rs. 10 lakh. The vehicle was not insured and in defence t