( 1 ) INVOKING the appellate jurisdiction of this court under section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), Aaditya Khare, non-applicant no. 1, has challenged the legality, validity, propriety and correctness of the award dated 20. 2. 1998, passed by Fourth Additional motor Accidents Claims Tribunal, rewa in Claim Case No. 24 of 1997.

( 2 ) THE facts of this case, as have been unfolded, in nutshell are that the respondent nos. 1 to 3 have filed a petition under section 166 of the Act stating that they are the legal representatives of deceased Sudama prasad. On 26. 7. 1991 deceased Sudama prasad along with his brother Shiv Kumar was going on foot by the side of the road on national Highway 7. When he reached near village Baila, Brijendra Kumar, respondent no. 5, driving motor cycle No. MKA 4563 rashly and negligently came from the side of village Baila and dashed the same against him. Sudama Prasad sustained serious injuries and became unconscious. He was shifted to P. S. Chorhata where the report of the accident was lodged. Thereafter, he was shifted to G. M. H. Hospital, Rewa where his condition went on deteriorating and despite all the possible