R.M. SAVANT, J.

1. The learned counsel appearing for the Respondents Shri Vishwanath Talkute in the above First Appeal would submit that the instant First Appeal is a case wherein the son of the Respondent Nos.2 and 3 who was the only earning member died. The Respondent Nos.2 and 3 in the above First Appeal are today over 70 years of age and therefore the above First Appeal may be taken up for hearing at the stage of admission.

2. Having regard to the said fact, we deemed it appropriate to hear the above First Appeal itself for final hearing rather than considering the above Civil Application No.3126 of 2018 for withdrawal of the amount and the above Civil Application No.2598 of 2016 for stay.

3. The learned counsel for the Respondents – Claimants Shri Vishwanath Talkute tenders a private paper book containing the Claim Petition No. 129 of 2009, the Written Statement, depositions of PW1 and PW2, and the documents which have been exhibited in the Motor Accident Claims Tribunal, Pune.

4. The above First Appeal is directed against the judgment and award dated 28/07/2015 passed by the Motor Accident Claim Tribunal, Pune. By the said judgment and award the Claim Petition, being MACP No.129 of 2009 came to be allowed and the amounts mentioned in the operative part of the said order under different heads came to be granted. The total compensation awarded to the Respondents Claimants is Rs.2,50,60,000/-. The MACT Pune has in the operative part also directed as to how the amount is to be disbursed and kept in Fixed Deposits in favour of the respective Respondents Claimants. The parties would be referred to as per their status in the above First Appeal, i.e. the Insurance Company as the Appellant and the original Claimants as the Respondents.

5. The incident in question is dated 17/06/2008. On the said day, one of the Respondents – Claimants herein i.e. Ashish Ravindra Kulkarni who is the son of the deceased was travelling with his father Ravindra, his mother and his brother Aniket in Indica Car bearing registration No. TN/10/T/6077. The family was travelling to Pondicherry from Chennai. At about 15.30 hours when the car reached on East Coast Road, Salavankuppan, opposite Tiger Caves, Tamilnadu, one Innova Car bearing registration No. PY/01/AC/4466 came from opposite direction in a very high and excessive speed. In view of the speed with which the Innova car was being driven, the driver lost the control and went to the wrong side of the road and gave a violent dash to Indica Car wherein the family of Respondent Claimant Ashish Ravindra Kulkarni was travelling. Due to the said accident, all the family members sustained injuries on account of which Ravindra, Aniket and driver Selven died on the spot whereas Ravindra's wife Shailaja died in the hospital after about 18 hours of the said accident. A C.R. was registered against the driver of the Innova car for the offences punishable under Sections 279, 337, 338, 304A of the Indian Penal Code. The said Innova car bearing No. PY/01/AC/4466 was insured with the Appellant herein i.e. the New India Assurance Co. Ltd. who was the Opponent No.3 in the said MACP No.129 of 2009. The Claim Petition being MACP No.129 of 2009 came to be filed in the MACT, Pune claiming compensation to the tune of Rs.2,10,00,000/- under different heads with 18% interest.

6. It was the case of the Respondents – Claimants in the said Claim Petition that the deceased Ravindra was working as a Chief Executive Officer in TATA Precision Industries, Singapore and was earning $ 11,153 Singapore dollars per month. It was their case that the entire family was dependent on the income of the deceased Ravindra and due to the death of Ravindra, his son Ashish Ravindra Kulkarni has been suffering mentally and physically and his future prospects were bleak. It was their case that the Respondents – Claimant Nos.2 and 3 are the pa