( 1 ) STATE is aggrieved of the award dated 1-7-92 passed in Motor Accidents Claims Case No. 40/87 by First Additional Motor Accidents Claims Tribunal, Jagadalpur, Baster has filed this appeal u/s. 173 of the Motor Vehicles Act, 1988.

( 2 ) THE circumstances giving rise to this appeal are thus : Deceased Vyas Narayan aged 35 years, employed as Sub-Engineer, drawing monthly pay of Rs. 1728. 85 was going on his motor-cycle No. M. B. Y. 4108 with a pillion rider one Bholaram Awasthy, from the opposite direction a Jeep No. M. P. P. 3979 owned by State, driven by appellant No. 2 was coming on the fateful day i. e. 26-3-1987 which on turning did not remain in control due to bursting of tyre and failure of breakes and dashed with the motor-cyclist, as a result of which he died instantaneously. The legal representatives of the deceased filed an application u/s. 110a of the Motor-Vehicles Act, 1939 (for short the 'act') to claim compensation of Rs. 3,08,000. The claim was contented on the ground that the accident was inevitable due to bursting of tyre and failure of breaks, therefore, no liability could be fastened on the appellants. In support of the defence, the appellants