ARIJIT PASAYAT, J.

( 1 ) NEW India Assurance Company Limited (hereinafter referred to as 'new India) calls in question legality of the award made by the Member, Second Motor Accidents Claims Tribunal, Southern Division, Berhampur (in short, the 'tribunal' ).

( 2 ) A brief reference to the factual position is necessary for disposal of the appeal. One Ashok Kumar Acharya (hereinafter referred to as the 'claimant) lodged a claim under Section I 10-A of the Motor Vehicles Act, 1939 (in short, the 'act) claiming compensation of Rs. 99,999. 50 paisa from New India, Jamal Mahammad (respondent No. 2), P. K. Kar (respondent No. 3) and Oriental Fire Insurance Co. Ltd. , (hereinafter referred to as the (Oriental ). Basis of claim is described as follows on I1-10-1984 one Baikuntha Bihari Mishra, who was working as Assistant Conservator of Forest asked the claimant to accompany him to go to Dhaupada on a motor bike bearing registration No. ORG 3484 on official duty. While they were proceeding towards Dhaupada from Sorada, a car bearing registration No. ORG 2969 dashed against the motor bike both the vehicles were going at a very high speed and were not observing requisite care and caution. Th