Dubey, J. -- 1. This is an appeal under section 173 of the Motor Vehicles Act, 1988 against the award dated 3.1.1994 passed in M.V. Case No. 20/89 by the IXth Additional Motor Accidents Claims Tribunal, Jabalpur (for short 'the Tribunal') .

2. Facts giving rise to this appeal are thus: The legal representatives of the deceased Ashok Gontiya who died in a motor accident on 1.6.1986 at 7.30 p.m. filed an application under section 110A of the Motor Vehicles Act, 1939 (for short 'the Act') to claim compensation of Rs. 2,26,400/- against the respondents on the averments that on the ill-fated day Ashok Gontiya was going on his cycle with Vinod Gontiya sitting at the carrier from Katni-Murwara towards Peerbaba on the National High Way No.7, near Home Guards Camp; a Mini Bus Standard 20, of which registration No.1, owned by respondent No.2 and insured with respondent No.3 hit the cylist as a result of which cyclist received injuries and died. A Dehati Nalish was recorded at Crime No. 0/86 at the Police-Station Tikuri on the information given by Vinod Gontiya at about 21.45 in the night. On Dehati Nalish a first information report was recorded and an offence under section 304-A and 338