1. Heard.

ADMIT.

2. Heard finally by consent of the learned counsel for the appellant and learned counsel for the claimants, who are respondent nos.1 and 2 in this case.

3. Nobody appears for respondent nos.3 and 4, the driver and owner of the offending vehicle, though duly served on final hearing.

4. This appeal arises out of the judgment and award dated 23/12/2016 rendered in Claim Petition No. 96/2011, by the Member, Motor Accident Claims Tribunal, Amravati.

5. The Claim Petition filed under Section 166 of the Motor Vehicles Act (for short, “M.V. Act”) was partly allowed by the Motor Accident Claims Tribunal, Amravati. The Tribunal found that accident which occurred on 06/01/2011 on Amravati – Badnera road, in which, son of the respondent nos.1 and 2 died, was solely due to the rash and negligent driving of the offending vehicle, a Truck bearing registration no. MP-06-GA-1082. This Truck was, at the relevant time, driven by the respondent no.3, owned by the respondent no.4 and insured with the appellant. The Tribunal also found that in this accident, son of respondent nos.1 and 2, riding pillion, on Hero Honda Splendor motorcycle bearing registration no. MH-32-H-8016, was b