K.L. Wadane, J.

1. The present appeal is directed against the judgment and order passed by the learned Presiding Officer of Motor Accident Claims Tribunal, Mapusa Goa, in Claim Petition No. 68/2007 dated 29.08.2009 by which the learned Tribunal has dismissed the petition. Hence, the present appeal.

2. Brief facts of the case may be stated as follows :

3. The parties are referred to their original status.

4. The accident took place on 29.04.2007 near Postwado, Honda, involving Motor Cycle bearing registration No. GA-04-A-8773 driven by respondent no. 1 when one Mohan was walking on the road to whom the respondent no. 1 gave dash due to which he was severely injured and succumbed to the injuries. The motor cycle was owned by respondent no. 2 and insured with respondent no. 3. The claimant no. 1 is the widow and claimant nos. 2 to 7 are the children of the deceased. According to the claimants, the accident occurred due to the negligence of respondent no. 1. Respondent no. 3 resisted the claim petition and contended that the accident occurred due to the negligence of the dece