1. Challenge in this appeal by original respondent no.2, The Oriental Insurance Company Ltd. is to the judgment and award passed in W.C.A.No.28 of 2005 by the learned Jt.Civil Judge, S.D. 2 on 26/06/2009, by which the appellant was directed to deposit an amount of Rs.3,26,140/alongwith interest @ 12% p.a., from 22/05/2003 i.e. after one month of incident till its realization.

2. Admit. By consent of the parties, heard finally at this stage.

3. Such of the facts as are necessary for the decision in this appeal can be summarized as :

ShahuJadhavar was serving with Terna Shetkari Sahakari Sakhar Karkhana Ltd., Terna Nagar, Dhoki, Tal. And Dist.Osmanabad as a watchman. (hereinafter referred to as “sakhar karkhana”). Respondent no.1 is wife of Shahu while respondents no. 2 to 4 are his sons, respondent no.5 is his daughter, while respondent no.6 is his mother. On 22/04/2003, Shahu Jadhavar was supposed to be on duty from 3.00 a.m. to 11.00 a.m. He was r/o.village Tadgaon, Tal.Kallam, which is at the distance of about 21kms from Sakhar Karkhana. Shahu left his residence on his motorbike MH13C6663, around 11.00 p.m. It is stated that he met with an accident with an unknown vehi