JUDGMENT :

1. The New India Assurance Company Limited (Insurer) and the claimants have filed the First Appeal and Cross Objection respectively, impugning different parts of the judgment and award dated 17th May, 2016 passed by the Motor Accident Claim Tribunal bearing MACP No. 2123 of 2009. By consent of parties, both the proceedings were heard together and are being disposed of finally by a common judgment. Some of the relevant facts for the purpose of deciding the aforesaid proceedings are as under:-

2. The respondent no.1 and 2 were the original claimants before the Tribunal. Respondent No.2 claimed to be the owner of the offending Motor Dumper bearing No. MH-04-CG-2262. It was the case of the claimants that the deceased Annabelle Freitas was daughter of the claimants. The said deceased was riding Kinetic Honda Scooter with Helmet on her head on 3rd August, 2009 at about 9:00 hrs, near Vile Parle, Mumbai when the offending Motor Dumper No. MH-04-CG-2262 came from behind in rash and negligent manner, gave dash to her, due to which she was thrown down and came below the tyre of the dumper smashing her head. The said deceased was taken to Cooper hospital but was declared dead. The sa