JUDGMENT :

1. The Appellant has assailed the judgment dated 25.05.2010 passed by the Motor Accident Claims Tribunal, Nagpur (hereinafter referred to as “the Tribunal”) in M.A.C.P Nos.1106/2004, 1107/2004 and 1148/2004.

2. The Respondent No.1, who shall be hereinafter referred to as the Claimant, had filed three separate Petitions under Section 166 of the Motor Vehicles Act, 1988 (for short “the said Act”) in view of death of his wife and two minor children in a motor vehicular accident on 30.09.2004, involving Truck bearing No.AP01/T-1328, which was insured by the Appellant/Insurance Company.

3. The case of the Claimant is that on 30.09.2004 his wife Nirmala Dhote and two minor children viz. Tejas Dhote and Shrikant Dhote were travelling by Jeep bearing No.MH33/F-3100. It was alleged that the offending Truck bearing No. AP01/T-1328, which was owned and driven by Respondent No.2 dashed against the said Jeep, resulting in death of his wife and two minor children. The Claimant alleged that the accident was caused solely due to rash and negligent driving by the driver of the offending Truck. He, therefore, filed Petitions under Section 166 of the said Act against the insurer and the insur