DHARMADHIKARI, J.:- This is an appeal filed by the owner of the Truck as well as Insurance Company against the Award passed by the Member of the Motor Accident Claims Tribunal, Pune dated 26th of February 1980 in Applications Nos. 9 and 10 of 1977.

2. It is an admitted position that an accident took place on the night between 21st and 22nd of February 1976 in which the deceased Captain Ravichandran died on the spot. It is also an admitted position that the Captain Ravichandran and his wife Mythily were proceeding on a scooter and a truck driven by D. W. Sampat was coming from the opposite side. Mythily was occupying the pillion seat at the material time and the scooter was proceeding along Bombay-Pune Road. It is the case of the claimants that Captain Ravinchandran was driving his scooter slowly on the left hand side of the road, whereas the truck driven by Sampat came from the opposite direction and was being driven at a recklessly high speed and without sounding any horn. It had only one head-light and that too on the left side and this driver of the lorry was careless and negligent in driving. Thus the driver was driving the truck carelessly and disregarded the safety ru