JUDGMENT :

1. Heard Sri Maithali Sharan Pipersenia, learned counsel for the appellant and Ms Majima Singh holding brief of Ms Archana Singh, learned counsel for the respondents.

2. This appeal, at the behest of the claimants, challenges the judgment/award dated 25.01.2005 passed by Motor Accident Claims Tribunal/Special Judge (E.C. Act), Jhansi (hereinafter referred to as 'Tribunal') in M.A.C. No. 433 of 2003.

3. Brief facts as culled out from the record are that on 27.04.2003 Dr. Himanshu Nagaria had gone to Hotel Isha Garden situated at Bhedaghat road, Jabalpur for dinner with his friends. When he was returning to Medical College where he was living, near Krishi Upaj Mandi Naka Balsagar a Metador bearing no. M.P. 20 G-1248 was negligently all of sudden stopped by his driver and back light was also switched off due to which motor-cycle of Dr. Himanshu Nagaria bearing No. U.P.-93 D-2391 dashed with the standing Metador causing grievous injuries to Dr. Himanshu Nagaria and on the way to Medical College he succumbed to his injuries.

4. The deceased was 25 years of age at the time of