A.S. Oka, J.

1. By this appeal, the appellant the New India Assurance Company Limited has taken an exception to the Judgment and Award dated 23rd September 2011 passed by the learned Chairman of the Motor Accident Claims Tribunal, Mumbai in a claim petition filed by the respondents under section 166 of the Motor Vehicles Act, 1988 (for short “the said Act”). The claim for compensation was made on account of death of one Rajesh Shah in a vehicular accident on 18th February 1989. The first respondent is the widow of the deceased Rajesh. The second respondent is the minor son of the deceased Rajesh and the third respondent is the mother of the deceased Rajesh. To the original claim petition, even the father of the deceased Rajesh was made a party who died during the pendency of the claim petition. Thereafter, his name has been deleted.

2. The case made out in the claim petition was that on 18th February 1999, the deceased Rajesh was proceeding by a car on Mumbai Pune highway. The accident occurred at about 9.00 p.m close to Balewadi stadium near Pune. At that time, a motor tanker came from the opposite direction. The motor tanker was admittedly owned by the fourth responden