Honble SINHA, J.–Leave granted.

(2). The Respondent filed an application under Section 163-A of the Motor Vehicles Act, 1988 (the Act) claiming compensation for death of one Janak Raj (the deceased). He was riding on a motorcycle along with one Sukhdev Raj. Who was actually on the drivers seat is not known. The motorcycle is said to have gone out of control resulting in the accident.

(3). Appellant herein, having been issued notice, resisted the claim, inter alia, contending that although the owner of the vehicle deposited an extra amount of Rs.50 covering his personal insurance, the same would not cover the case of the pillion rider and in any event, the owner of the vehicle is not a third party within the meaning of Section 147 of the Act.

(4). The Motor Vehicles Accident Claims Tribunal, having regard to the pleadings of the parties, framed the following issues :

"1. Whether on 7.9.2004 at 4.05 pm Janak Raj had died in a road accident? OPP

2. Whether the Claimants are LRs and were dependant upon the deceased? OPP

3. Whether the claimants are entitled to compensation? If so, how much and from which of the respondents? OPP

4. Whether the motorcycle was being driven in contravention of te

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