JUDGMENT :

1. By this appeal, the Oriental Insurance Company Limited takes an exception to a Judgment and Award dated 31st July, 2004 passed by the Chairman, The Motor Accident Claims Tribunal, Solapur (for short ‘M.A.C.T”) in M.A.C.P No.171 of 1997, by which the original respondents were awarded compensation to the tune of Rs.20,00,000/-, on account of death of one Devidas Rakhmaji Gujarathi in motor vehicle accident, which occurred on 26th August, 1996.

2. Briefly stated, the facts are as follows;

Devidas Rakhmaji Gujarathi (for short ‘deceased’) was 46 years old hale and hearty Ward Officer working with Municipal Corporation of Greater Mumbai. On the fateful day of 26th August, 1996, he was travelling in his Maruti Car bearing Registration No. MP-28 799 from Chiplun to Mumbai by Mumbai – Goa National Highway No.17. Maruti car was being driven by his Driver Birjusingh Bahadursingh. When the car was approaching the spot of accident, a Luxury Bus bearing Registration No. MH-02/9612 (for short ‘offending bus’) came from opposite direction in a tremendous speed. The offending bus