1. By consent, heard finally at the stage of admission.

2. Mr. Afonso, learned Counsel, argued on behalf of the appellant and Mr. Kurtikar, learned Counsel, argued on behalf of respondents no. 1, 2 and 3.

3. This appeal is directed against the judgment and award dated 07/09/2013 passed by the learned Presiding Officer of the Motor Accident Claims Tribunal at Mapusa (Tribunal, for short) in Claim Petition No. 13 of 2012.

4. The appellant was the respondent no. 3-Insurance Company in the said claim petition; respondents no. 1, 2 and 3 were the claimants; and respondents no. 4 and 5 were the respondents no. 1 and 2. The parties shall hereinafter be referred as per their status in the said Claim Petition.

5. The claimants had filed the said petition under Section 166 of the Motor Vehicles Act, 1988 (M.V. Act, for short) claiming compensation of Rs. 36,00,000/-, on account of death of son of claimant no.1 and the brother of claimants no. 2 and 3 who died in the motor vehicular accident, which took place on 24/11/2011 at about 13.30 hours at Dhulai, Dharbandora, Sanguem, Goa.

6. Case of the claimants was that on the said date and at the said time, the deceased Yellappa Jedi,