ANITA CHAUDHRY, J.

1. This is an appeal by the insurance company disputing the onerous liability placed by the award dated 27.11.2009 passed by the Motor Accident Claims Tribunal, Amritsar.

2. A petition was filed under Section 163-A of the Motor Vehicle Act by the mother of Talwinder Singh who died in a road accident. Talwinder was going on his motor cycle along with Ravel Singh on the pillion. Mehar Singh along with Satnam Singh were following them on another motor cycle. When the motor cycle had reached near village Panjwar Kalan, a bus came from behind and struck against the motor cycle driven by Talwinder Singh. Talwinder Singh died on the spot while Ravel Singh received multiple injuries. The bus driver sped from the spot. It was pleaded that it was dark there and the number of the bus could not be noted. It was pleaded that the accident occurred on account of use of the motor cycle. Respondent No. 1 is the owner of the motor cycle while respondent No. 2 is the insurance company.

3. The deceased was 22 years old. His income was stated to be Rs. 40,000/- per annum. The Tribunal held that the accident occurred during the course of use of the vehicle and relying upon an a