JUDGMENT

Shrikant D. Kulkarni, J. - This appeal is directed against the impugned Judgment and award dated 2.12.2006 passed in M.a.C.P.no.33 of 1999 by the Chairman, Motor accident Claims Tribunal at ahmednagar.

2. Brief facts necessary for deciding this appeal are as under :

(i) Ganesh Govind Shelar was son of claimants/respondents no.1 and 2. He was auto-rickshaw driver and was earning Rs.6,000/- per month. On 9.10.1998 at about 1.45 a.m., deceased was coming along with his friends from Sanjay Dhaba on Nagar-Pune road towards Kedgaon by driving his Rikshaw. The jeep bearing registration No.MH-12-B-5330 owned by the present appellant came from opposite direction driven in a rash and negligent manner and gave dash to the auto-rickshaw. Ganesh sustained serious injuries. He was immediately shifted to Civil Hospital, ahmednagar. However, he succumbed to injuries.

(ii) The parents of the deceased had filed claim petition under Section 166 of the Motor Vehicles act, 1988 against the owner, driver and insurer of the offending vehicle - jeep. The Chairman, M.a.C.T., ahmednagar, after considering the rival pleadings of the parties, evidence on record and argument advanced on behalf of both the