1. This appeal questions the legality and correctness of the order dated 23rd June, 2005, in Special Claim Petition No.9/2002 by the Motor Accident Claims Tribunal, Nagpur. The appellant is the insurer of the truck bearing registration No.MP23DA6127 owned by respondent No.7 at the relevant time. This truck was being driven by the deceased Balwant the husband, father and son of the respondent Nos.1 to 6 in that order. When this truck driven by the deceased Balwant reached a spot near Kalamna on NagpurKamptee road on 3.7.2001, another truck bearing registration No.MH31M7557, coming from the opposite direction, collided head on with it. Deceased Balwant suffered serious injuries. He was removed to the hospital where he succumbed to injuries. The respondent Nos.1 to 6 being dependent upon the income of the deceased, laid a claim for compensating them against the owner and the insurer i.e. respondent No.7 and the present appellant respectively under Section 163A of the Motor Vehicles Act, 1988. On merits of the case, learned Member of the Tribunal found that other truck bearing registration No.MH31M7557 was not being driven rashly and negligently and, therefore, the owner and