JUDGMENT :

V.G. Bisht, J.

Heard learned counsel for the parties.

2. Rule. Rule made returnable forthwith. By consent of the parties the Appeal is taken up for final hearing. Mr.Mendon, learned counsel waives service on behalf of Respondent Nos.1 and 2.

3. This appeal and cross objection arise from the judgment and order of the learned Member, Motor Accidents Claims Tribunal, Thane passed in M.A.C. Petition No.24 of 2008 on 12th September, 2011.

4. The brief facts of the case are that on 6th September, 2007 the deceased was plying her scooter bearing registration No.MH-03/AL-3779 and was proceeding towards Mumbai from Thane. When the said scooter came near the Electric BEST Pole No.15, one motor truck bearing registration No.MH-04/CP-7455 came from behind in a very fast speed rashly and negligently and gave forcible dash from behind to the scooter and due to said impact, the deceased was knocked down on the road and sustained serious fatal injuries. Later on, she succumbed to her injuries.

5. The claimants, who are parents, contend that at the time of death their daughter was in servi