JUDGMENT :

1. The legal representatives of the deceased and the injured have impugned the common award passed by the learned Member, Motor Accident Claims Tribunal at Aurangabad in M.A.C.P, Nos. 107/1991 and 108/1991 dated 22.11.1999.

2. The facts, in brief, are that the claimants in M.A.C.P. No. 107/1991, are the wife, sons and daughter of the deceased. In M.A.C.P. No. 108, the claimant is the injured and the wife of the deceased Manmath. A bajaj make Tempo bearing registration No. MH-24/16 and a truck bearing registration No. AIW 4797 were involved in the accident. The non-applicant no.1 and 4 were the owners of a Tempo and the truck, respectively. The Tempo was insured with non-applicant no.3, and the truck was insured with non-applicant no.5 at the time of the accident.

3. On 04.01.1991, the deceased Manmath and his injured wife Lalitabai were travelling in a Bajaj make Tempo along with other passengers. At about 7.30 a.m., the Tempo reached near village Ajantha. That time the truck came from the opposite, driven by its driver without proper care, in a rash and negligent manne