JUDGMENT :

Anuja Prabhudessai, J.

The appellant insurance company has challenged the impugned judgment and award dated 21/07/2004 in Motor Accident Claim Petition No.903 of 1999 passed by the Claims Tribunal, Pune. By the impugned judgment and award, the Claims Tribunal has awarded compensation of Rs.6,90,000/- with interest @ 6% p.a. from the date of the application till final realization.

2. The respondent no.1 (since deceased) was the father, the respondent no.3 is the mother and the respondent no.2 is the widow and the respondent no.4 is the daughter of the deceased Lalit Oswal. The respondent nos.1 to 4 who shall be hereinafter referred to as the claimants had filed Claim Petition under Section 166 of the Motor Vehicles Act, 1988 in view of death of Lalit Oswal in a motor vehicular accident involving Tata Sumo Jeep No.KA-22/M-4174. On 29/09/1998, the deceased Lalit Oswal was travelling by the said Tata Sumo Jeep which was driven by the respondent no.5. The said Jeep plunged in Koyna river at Patan. Said Lalit Oswal expired as a result of the injuries sustained in the accident.

3. The claimants alleged that the accident was caused solely due to rash and negligent driving by the dri