1. The appellant Insurance Company (Original Respondent no.2) has preferred the present appeal challenging the judgment and award, rendered by the learned Chairman, Motor Accident Claims Tribunal, Dhule, in Motor Accident Claim Petition No. 1489 of 2005 on 1.4.2010.

2. Notice for final disposal of the present appeal was issued by this court on 21.10.2010 and Shri R.C.Patil, learned counsel waived the service thereof for respondent no.1, as well as Shri Mukul Kulkarni, learned counsel waived the service thereof for respondent no.2. Thereafter, the matter was adjourned from time to time at the request of learned counsel for the parties and thereafter heard learned counsel for the respective parties finally on 27.1.2011. The parties are hereinafter referred as per their original status.

3. The petitioner i.e. respondent no.1 herein viz. Smt. Ratna Popat Patil, who is the legal heir of deceased Popat Shivram Patil, contends that deceased Popat Shivram Patil was her husband. His age was 60 years at the time of death and he was retired from the service. He was educated upto M.Sc. (Agri.) and was getting pension of Rs.14,000/- per month. She contended that on 20.8.2005, as usua