JUDGMENT

P.R. Bora, J. - The appellants - original claimants in Motor Accident Claim Petition No.26 of 2011 decided by Motor Accident Claims Tribunal at Nandurbar on 23.10.2012 have preferred the present appeal challenging the said Judgment and Award.

2. The appellants, who are hereinafter referred to as the claimants, had preferred the aforesaid claim petition claiming compensation on account of death of Shaikh Javid @ Javed Patve alleging the same to be caused in a vehicular accident happened on 23.06.2011 having involvement of a dumper bearing registration No.MH-39/E-992 owned by present respondent no.2 and insured with present respondent no.3. It was the case of the claimants before the Tribunal that, on 23.06.2011 when deceased Javid along with his brother-in-law Jakir were proceeding on motorcycle from Dhule Chaufuli side to Railway over bridge side, their motorcycle was dashed by the offending dumper and in the accident so happened, deceased was severely injured and ultimately succumbed to the accidental injuries on the same day while under treatment in the Civil Hospital at Dhule. The claimants had alleged that, the accident in question happened because of the sole negligenc