U.V. BAKRE, J.

1. Heard Mr. Lotlikar, learned Senior Counsel appearing on behalf of the appellant and Mr. Marshall, learned Counsel appearing on behalf of the respondents no. 2 and 3. The other respondents, though duly served after admission of the appeal, are absent.

2. This appeal is directed against the Judgment and Award dated 17/04/2010 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Mapusa (M.A.C.T. for short) in Claim Petition No. 32 of 2008. The appellant (owner of the Maruti Van No. GA-01/V-4448) was the respondent no. 2 in the said Claim Petition. The respondents no. 1, 2 and 3 were the claimants. Respondent no. 4 Insurance Company was the respondent no. 3 and respondent no. 5 was the respondent no.1 (driver of Maruti Van No. GA-01/V-4448) in the said Claim Petition. Parties shall, hereinafter, be referred to as per their status in the said Claim Petition.

3. The claimants had filed the said petition under Section 166 of the Motor Vehicles Act, 1988 (M.V. Act, for short) for total compensation of Rs. 10,00,000/- on account of death of Shri Vijendra V. Joshi, the son of the claimants no. 1 and 2 and brother of claimant no. 3, in a motor vehic