1.This is claimants appeal against the award dated 28.2.2003, passed in Claim Case No. 3 of 2002, passed by the Chief Motor Accidents Claims Tribunal, Raipur, whereby as against claim of Rs. 4,67,000 an award of Rs. 1,72,000 was passed.

2.Brief facts of the case are that on 18.10.2001, a truck bearing registration No. OR 05 - D 8801, driven by the non - applicant No. 1, Shikari Uraon, dashed the deceased Tarachand, who was travelling on bicycle, whereby he sustained injuries and subsequently died. The non - applicant No. 2 is the owner of the offending vehicle and the vehicle was being insured with non - applicant No. 3, Oriental Insurance Co. Ltd.

3. The learned Tribunal after evaluating the evidence and documents on record and taking into account the income of the deceased to be Rs. 15,000 per annum, has granted an award of Rs. 1,72,000 including the other compensation and the liability was fastened on the insurance company.

4. No appeal has been filed by owner of the vehicle, therefore, finding arrived at by the learned Claims Tribunal with regard to rash and negligent driving by respondent No. 1 is not under challenge, the same is affirmed.

5. The learned counsel appearing on behal