1. The appeal is preferred by the appellant-Transport Corporation against the judgment and award made in M.C.O.P.No.3986/1998 dated 19.06.2002 on the file of the Motor Accidents Claims Tribunal, Additional District and Session Court (Fast Track Court No.1), Chennai-1.

2. Background facts in a nutshell are as follows:

The deceased-Vijayarangan met with motor vehicle accident on 19.04.1998 at about

02.40 p.m. While the deceased was proceeding in his motor cycle bearing registration no.TN.25 Y 1967, in Vandavasi - Kancheepuram road, a bus bearing registration no.TN.32 N 0312 belonging to the appellant-Transport Corporation, which came from opposite direction, in a rash and negligent manner, hit the motor cycle. Due to the impact, he sustained fatal injuries and died on the spot. The claimants are wife, two minor children and mother of the deceased. They claimed a sum of Rs.10,00,000/- as compensation before the Tribunal. The appellant-Transport Corporation resisted the claim. On pleadings the Tribunal framed the following issues:-

"1. In whose negligence, the accident had occurred? Whether the claimants are entitled to the compensation? If so, how much?"

After considerin