Rekha Mittal, J.

1. The present appeal has been directed against the award dated 03.02.2011 passed by the Motor Accident Claims Tribunal, Rohtak (for brevity, ‘the Tribunal’) whereby the application filed by Poonam and others for grant of compensation in regard to death of Sanjay, out of use of motor cycle Bajaj Platina bearing registration No. HR-12J-8006 on 13.05.2008, has been allowed under Section 163-A of the Motor Vehicles Act, 1988 (in short, ‘the Act’) and the applicants/respondents have been held entitled to compensation of Rs. 4,89,500.00.

2. The facts relevant for disposal of the present appeal are that on 13.05.2008, Sanjay along with his uncle Purshotam was going from Rohthak to village Anwal on motorcycle bearing registration No. HR-12J-8006 driven by Sanjay. At about 9.00 am, when they reached near Gopal Brick Kiln, Lalhi, a truck came from the opposite side driven by its driver in a rash and negligent manner and struck into his motorcycle. Sanjay sustained serious injuries and died on the spot. The accident took place due to involvement of the motor cycle, owned by Gagan-respondent No. 1.

3. Respondent No. 2 - insurance Company filed the reply raising prelimi