V.K. JADHAV, J.

1. Being aggrieved by the judgment and Award passed by the Member, Motor Accident Claims Tribunal, Basmathnagar, dated 7.3.2009 in M.A.C.P. No.37/2005, the original Respondent MSRTC has preferred this appeal.

2. Brief facts, giving rise to the present appeal are as follows :

(a) Deceased Uttam had been to Nanded for his personal work and after completing his work, he returned to Basmath by a S.T. Bus bearing registration No.MH20/ 8960. When the said ST Bus reached the Busstand of Basmath and while he was getting down from the bus, at that time, one Rashid Khan, who was a porter of the appellant/original respondent was unloading the goods from the top of the bus, at that time cloth bundle fell down on the person of the deceased Uttam. In consequence of which deceased Uttam sustained multiple injuries. He was immediately shifted to Rural Hospital, Basmath and therefrom to Nanded Hospital. However, due to his critical condition, when he was being shifted to Aurangabad Hospital, he succumbed to the injuries during transit. The claimants, legal representatives of the deceased Uttam approached the Tribunal by filing MACP No.37/2005 for grant of compensation under v