JUDGMENT :

1. By this first appeal filed under section 173 of the Motor Vehicles Act, 1988, the appellant (original opponent no.2) has impugned the judgment and award dated 15th December, 2014 passed by the Motor Accident Claims Tribunal, Vasai (for short “MACT”) in MACP No.144 of 2012 allowing the claims made by the respondent nos.1 to 4 (original applicants) partly and directing the appellant to pay an amount of Rs.89,75,500/- inclusive of “No Fault Liability” with interest at the rate of 8% p.a. from the date of application till realization jointly and severally with the original opponent no.1. It was further directed that the appellant shall indemnify the opponent no.1 insured and do pay the entire amount of compensation. By consent of the appellant and the respondents (original applicants), the first appeal is heard finally at the admission stage. Some of the relevant facts for the purpose of deciding the first appeal are as under :

2. The original applicants are wife, sons and the children of the deceased Vinod Pande respectively who met with a vehicular accident on 31st October, 2012 at 10.10 p.m. near Kitchen Garden Hotel, Waliv Naka. It was the case of the respondent nos. 1 to 4 that on 31st October, 2012, the said deceased Vinod Pande was riding his motorcycle bearing registration No.MH 03-AP–8430 and was coming from Vasai Phata towards Vasai station by Station Road. A tanker bearing registration No.MH 04 – BU – 1772 (hereafter referred to as “the offending vehicle”) came from behind the deceased and ran over him. The lower limb of body was smashed. He was immediately taken to the Golden Park Hospital but was declared dead. It was the case of the respondent nos. 1 to 4 that the said accident occurred due to the sole negligence of the driver of the offending vehicle. The report of incident was lodged and a police case was registered. The offending vehicle was owned by the original opponent no.1 and was validly insured with the appellant (original opponent no.2).

3. The original opponent no.1 though was served with summons did not file any written statement. The appellant though was served with summons, neither filed written statement nor appeared before the MACT, Vasai. The matter thus proceeded exparte against both, the appellant as well as original opponent no.1. The MACT, Vasai framed four issues for determination. The respondent no.1 is the widow of the deceased and was examined on behalf of the respondent nos. 1 to 4 before the MACT, Vasai. In her deposition, the said witness deposed that the said deceased met with vehicular accident when he was riding the motorcycle bearing No.MH 03 – AP 8483. The offending vehicle came from behind and dashed the said deceased. The wheel of the offending vehicle ran over him and thus his lower portion was smashed. The said person died in the accident. The said witness also tendered an FIR, spot panchnama, inquest panchanama and postmortem report. In the FIR filed by the respondent nos. 1 to 4, it was indicated that both the vehicles of the deceased and the offending vehicle were involved in the accident. The inquest panchanama was relied upon to show that the deceased met with an accident and succumbed to injuries.

4. The MACT, Vasai rendered the judgment and award on 15th December, 2014 and held that the respondent nos.1 to 4 (original applicants) had proved that the said deceased Vinod Pande had succumbed to injuries in an accident occurred on 31st October, 2012 involving the motorcycle bearing registration No.MH 03 – AP 8483 and the offending vehicle bearing registration No.MH 04 – BU 1772. It was also held that it was proved that the accident had occurred due to the negligent driving of the offending vehicle.

5. Mr.Mehta, learned counsel appearing for the appellant invited my attention to some of the findings rendered by the MACT, Vasai and would submit that the driver of the offending vehicle was driving the said offending vehicle in slow and moderate speed and was not negligent