Shri A.B. Gatne, Advocate for the appellant and Shri P.S. Agrawal, Advocate for respondent Nos. 1 to 6 are present. With the consent of the parties this appeal is heard finally at the stage of admission.

2. This is an appeal preferred by the insurance company, which is original opponent No.2 being aggrieved by the judgment and award passed by the Member, Motor Accident Claims Tribunal, Hingoli in M.A.C.P. No. 176 of 2001 decided on 10.10.2005. Respondent Nos. 1 to 6 are the original claimants. They are legal heirs of deceased Gajanan s/o. Sayaji Shinde, who was son of respondent No. 1 and 2, husband of respondent No.3 and father of respondent Nos. 4 to 6. Respondent No.7 is the insured and owner of truck No. MP-09-KA-9549.

3. It is original case of the claimants that on 22.01.2001 the deceased Gajanan was travelling in Truck No. MP-09-KA-6549 and went to Chor Pangra. He was on duty as a cleaner. One Shaikh Abdul was the driver of the said truck. When the truck was returning back, it was being driven rashly & negligently and in excessive speed. When the truck came near Ganeshpur, the driver lost his control and su