JUDGMENT

Shrikant D. Kulkarni, J. - Feeling aggrieved and dissatisfied by the impugned judgment and award passed in M.A.C.P. No. 518 of 2001 by the Member, Motor Accidents Claims Tribunal at Jalgaon, the appellant / New India Assurance Company Limited has preferred this appeal by taking aid of Section 173 of the Motor Vehicles Act, 1988.

2. On 10.06.2001 at about 10.00 a.m., Dangalrao along with his wife Mangalabai (since deceased) were proceeding to Parola on a motorcycle No. MH-19/K-2141. One truck no. MP-23/DA-3105 came from opposite direction driven a rash and negligent manner and gave dash to the motorcycle driven by Dangalrao. Dangalrao and his wife Mangalabai sustained serious injuries in the accident and died due to serious injuries.

3. Children and mother-in-law of late Mangalabai had filed claim petition for compensation before the Motor Accidents Claims Tribunal at Jalgaon and sought compensation of Rs.4,00,000/-under Section 166 of the Motor Vehicles Act, 1988.

4. The Member, M.A.C.T. after considering the facts and evidence on record was pleased to allow the claim partly and directed the owner / respondent no.1 and The New India Assurance Company Ltd. / respondent no.2 to