JUDGMENT :

1. Heard Sri B. Dayal, learned counsel for appellants and Sri Amit Manohar, learned counsel appearing for insurance company.

2. The present appeal has been filed challenging the judgment and award dated 15.12.2007 passed by Motor Accident Claims Tribunal, Pilibhit (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 52 of 2002.

3. This is claimants appeal and is pending since 2008. The Tribunal has considered all other aspects. There is no controversy. The issue which we have to decide are the issue of negligence and the quantum of compensation awarded to the claimant-appellants. While going through the record, it is clear that the accident took place on 28.02.2002 where the deceased who was Bachelor and was running his own business died. As far as the respondent insurance company is concerned, they have accepted the liability.

4. Having heard the learned counsel for the parties, issue of negligence be considered from the perspective of the law laid down.

5. The term negligence means failure to exercise care towards others which a reasonable and prudent person would in