JUDGMENT :

Vibha Kankanwadi, J.

Present appeal has been filed by the original respondent No.3- insurance company challenging the Judgment and Award passed by learned Ex-Officio Member, Motor Accident Claims Tribunal (District Judge-6), Aurangabad in M.A.C.P. No.698/2006 dated 09.08.2010, whereby the claim petition filed by present respondent Nos.1 and 2 under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") came to be partly decreed against it.

2. The original claimants have come with a case that they are the parents of deceased Shaikh Nisar. Shaikh Nisar was travelling in Tempo Matador bearing registration No.MH 20/F-5395 on 15.02.1997 at about 4.30 p.m. from Gangapur to village Dhoregaon. A truck bearing No.TVD ORA 5447 came from opposite direction, when the tempo was near Sayyadpur village. The said truck was in high speed. The driver was driving it rashly and negligently. The said truck gave dash to matador, as a result of which Shaikh Nisar received injuries and died on the spot. Respondent No.1 is the owner and respondent No.2 is the driver of the truck. The said truck was insured with respondent No.3, on the date of accident. Crime was register