JUDGMENT:- Admit. By consent heard forthwith.

2. This appeal is directed against the judgment dated 19-8-2006 of the learned M.A.C.T., Mapusa, dismissing the claim petition filed by the appellants herein.

3. The parties hereto shall be referred to as the claimants and respondents, respectively. The claimant No.1 is the widow and claimant No.2 is the brother of deceased driver of bus No. GA-O1- V -5535.

4. The accident took place on 6-6-2003 at about 2 p.m. while deceased was driving the said bus. It was the case of the claimants that the accident took place on account of rash and negligent driving of the road roller by respondent No. 1 owned by respondent No.2 and insured with respondent No.3. As per the said claimant the said roller was used in the process of levelling and tarring of the road.

5. Respondent Nos. 1 and 2 did not contest the petition but respondent No.

3 filed a written statement, inter alia, pleading that the accident was caused due to the rash and negligent driving of the deceased driver of the said Mini Bus having No. GA-OI-V-5535, which according to respondent No.3 first dashed a maruti car, having No.MH-II-H/1213 and then on an oncoming bus having No. GA o1-V -4070,

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