1. Being aggrieved by the Award dated 13th December, 2010 passed in Claim Case No.31/2009 by the Second Additional Member of the Motor Accident Claims Tribunal, Dabra (Gwalior), appellant Union of India through Secretary, Government of India, Ministry of Home Affairs, New Delhi and the Director BSF Academy Tekanpur, District Gwalior has preferred an appeal under section 173 of the Motor Vehicles Act, 1988 with a prayer to set aside the impugned findings awarding thereby compensation in the sum of Rs.3,82,000/- along with 7% interest p.a. to the claimants.

2. The facts in short are that on 31st August, 2007 at about 7:45 a.m., Om Prakash Sahu (since deceased) was riding as a pillion rider on a motorbike driven by Neeraj Dhakad towards Gwalior. When they passed through Jorasi Temple at Jhansi Highway, green coloured bus hit them from back side causing serious injuries to Om Prakash Sahu. Thereafter the police with the help of other by standers shifted the injured for treatment to J.A. Hospital, Gwalior. The injured died during treatment. A Dehati Nalish was lodged by Neeraj Dhakad in J.A. Hospital, just after reaching the injured for treatment the Hospital with the Head Constable