JUDGMENT :

1. Insurance Company has preferred appeal against the award of compensation in M.V. Claim Case No 58 of 2005 by the District Judge-Cum-MACT Palamau at Daltonganj under Section 166 of the M.V. Act.

2. Claimants are the parents who lost their young son aged 24 years in a motor vehicle accident while returning home from Delhi where he was working in Metro Railways. The accident took place while he was on way from railway station on a bus to his native place. The claimants have attributed the accident to rash and negligent driving by the driver of the bus.

3. A compensation of Rs.1,20,000/- has been awarded under Section 166 of the Motor Vehicles Act, 1988 (hereinafter called the M.V. Act).

4. The appeal has been surprisingly preferred on the ground that the Tribunal committed an error by treating the claim application as a claim under Section 163A. The further ground of appeal is that the deceased was travelling at the roof top at the time of accident and the accident took place when he fell down and came under the rear wheel of the bus.

5. The main point for determination in the present appeal is whether the deceased was travelling on the roof top? And whether the Insuranc