JUDGMENT :

Sunil K. Kotwal, J.

1. Original respondent no. 3 insurance company has challenged the vires of the judgment and award, passed by the Motor Accident Claims Tribunal, Kopargaon, in Motor Accident Claim Petition No. 83 of 2006, whereby compensation of Rs. 7,21,000/- is awarded by the Tribunal and joint and several liability is fastened on original respondent nos. 1 to 3 i.e. driver, owner and insurer of the tempo bearing No. MH-20/AA-7724.

2. Facts, in nut shell, are that on 28.6.2006 at about 6.00 a.m. deceased along with Anis Gani and Yusuf Kureshi and others was proceeding from Shirasgaon towards Loni by offending tempo for purchasing cattle in the weekly market of Loni. The offending tempo was hired by deceased and others for transport of purchased cattle while return journey. Deceased was in the business of sale purchase of cattle on commission basis. Near village Sawalivihir, due to rash and negligent driving by driver of the tempo, the tempo turned over resulting into head injury to the deceased. Deceased was removed to the hospital, however, he succumbed to those i