JUDGMENT

Shrikant D. Kulkarni, J. - This appeal is directed against the impugned judgment and award passed in M.a.C.P. No. 38 of 2001 by the Member, M.a.C.T. at Beed.

2. The facts giving rise to this appeal in brief are as under:

2(a) Vilas Pawar (since deceased) was serving as a peon in Collector office at Beed. On 15.05.2000, he had been to aurangabad to bring some stationary of his department from the Government Printing Press. He was on the way back to Beed by sitting in the Government jeep bearing registration No. MH-23/B-1881. The jeep reached near Dongaon on aurangabad-Beed highway about 10.30 p.m. to 11.30 p.m. when a tractor coming from opposite direction gave dash to the jeep. The jeep turtled. Vilas Pawar sustained serious injuries and succumbed to death. The claimants have filed their claim before the Tribunal under Section 166 of the Motor Vehicles act, 1988 and sought compensation of Rs.9,00,000/-

2(b) The claim was resisted by the owner and the driver of the tractor. They denied that the accident was occurred because of rash and negligent driving of the tractor driving.

2(c) The Tribunal after considering the rival pleadings of the parties, evidence on record and argument