1. The appellants have filed this appeal challenging the legality and correctness of the dismissal of their claim petition by the MACT, Bijapur, dated 31.8.2006 passed in MVC.No.57/2001.

2. The appellants lodged the claim petition claiming compensation on account of the death of their only son by name Dr.Anand, who died on 7.11.2000 on account of his motorcycle hitting the stationed lorry on Bijapur-Solapur National Highway No.13 near Banjara Nagar Cross, Bijapur. According to them they are doctors. They are from Khandwa, Madhya Pradesh and having a nursing home known as “Mishra Hospital” and employed about 70 workers in the nursing home. Their only son Dr.Anand was studying in B.L.D.E. Medical College Hospital, Bijapur and was aged 23 years and was about to compete his housemanship and they were eagerly waiting to receive their son as a Doctor to assist them in their hospital at Khandwa. On 7.11.2000, the deceased Anand was riding the motorcycle bearing registration No.KA-28/3948 and one of his collegemate Jonah was his pillion rider. When they were near Banjara Nagar Cross, Bijapur on N.H.13 on account of the negligence of the driver of the Truck bearing No.KA-23/3607 in parking on the middle of the road without switch on the parking lights, the deceased Anand had to dash against the Truck, which resulted in his death. According to the claimants, the deceased could have earned Rs.2 Lakhs per month and the dead body was taken to their native place and they have spend huge sum for last rituals. On these grounds, the claim petition was lodged.

3. The claimants arrayed the Insurance Company of the truck and so also the Insurance Company of the motorcycle. The Insurance Company of the motorcycle took a stand that the petition filed against it is not maintainable as the policy had covered only third party risk. Therefore, the claim petition ought to be dismissed against the Insurance company of the motor cycle.

4. So far as the Insurance Company of the truck was concerned, it was contended that the accident occurred not on account of the negligence of the driver of the lorry, but, it is on account of the rash and negligent driving of the driver of the motorcycle. Therefore, there was no negligence in parking the lorry and requested the Court to dismiss the petition.

5. The trial Court based on the above pleadings formulated the following issues for its consideration:-

“1. Whether petitioners prove that on 7.11.2000 when the deceased Dr.Anand Mishra was coming on the motorcycle bearing No.KA-28/J-3948 from Solapur side to Bijapur B.L.D.E. Hospital along with pillion rider at about 2.30 A.M. near Banjara Nagar cross on Solapur-Bijapur Road, lorry bearing No.KA-23/3607 was parked on the road in a danger manner without lighting the indicator light and signaling device and due to that the motorcycle came in contact with rear side of the lorry and due to the accident, Dr.Anand Mishra sustained injuries and died at the spot?

2. Whether petitioners prove that they are the legal representatives of the deceased?

3. Whether petitioners prove that they are entitled to compensation, if so, how much and from whom?

4. What order?”

In order to prove their respective contentions, the first claimant Dr.Bhaktaprahlad was got examined as P.W.1. Through him, Exs.P1 to P8 were marked. On behalf of the respondent no evidence was let it. The trial Court after considering the evidence let in by the parties dismissed the claim petition on the ground that the accident has taken place at about 2.00 A.M. in the early morning and the trial Court presumed that at that point of time, the deceased and the pillion rider being youngsters might have dashed against the parked truck under the influence of alcohol and therefore, held that the claimants are not entitled to claim the compensation. However, without appreciating the evidence has come to the conclusion that there was negligence on the part of the driver of the truck in parking the same without swi