1. This first appeal is filed under section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) by the appellant -Insurance Company agitating the validity, propriety of the Judgment and Award dated 02-04-2014 passed by the learned Motor Accident Claims Tribunal, Aurangabad (for short “Tribunal”), in the proceeding MACP No. 809 of 2008, thereby imposing monetary liability on the appellant- Insurance Company by applying principle of “pay and recover” policy.

2. Factual aspect giving rise to the present appeal in nutshell is that, respondents No. 1 to 3-original claimants preferred the application under section 166 of the Act of 1988 for compensation on account of accidental death of their family member Shri Vinod Kisanrao Shinde arising out of and use of motor vehicle -Truck bearing registration No. HR-55-8483 owned and driven by respondents No. 4 and 5-herein(original respondents No.1 and 2).

3. It has been alleged that on 13-07-2008 the deceased Vinod was travelling in the truck and suddenly he fallen on the road from the cabin of the driver of offending vehicle. He sustained fatal head injury. The injured Vinod was escorted to the Hospital for medical treatment,