ARIJIT PASAYAT, J.

( 1 ) THE United India Insurance Co. Ltd. (hereinafter referred to as the 'insurer') calls in question the legality of award made by the Second Motor Accidents Claims Tribunal (S. D.) Berhampur (hereinafter referred to as the 'tribunal' ).

( 2 ) FACTUAL background as portrayed by the parties is as follows: - a claim was lodged under Section 110-A of the Motor Vehicles Act, 1939 (in short, the 'act') by Smt. Susila Panigrahy and her minor children (hereinafter referred to as the 'claimants'), claiming a compensation of Rupees 1,50,000/- from Labela Dharma Sahu (hereinafter referred to as the 'owner') and the insurer, on the ground that one Niranjan Panigrahy (hereinafter referred to as the 'deceased') lost his life on 20-2-1988 in an accident caused by a passenger bus bearing registration No. OCG 7882 belonging to the owner, which was the subject-matter of insurance by the insurer. According to them, the deceased was waiting for a bus, but before he could actually board it, the vehicle hit him as a result of which he fell down, sustained injuries and subsequently breathed his last. He was running a shop at Golantara selling fruits and vegetables and was earning a