JUDGMENT :

S.G. DIGE, J.

1. Being aggrieved and dissatisfied by the judgment and award passed by Member, Motor Accident Claim Tribunal, Beed the present appeal is preferred by original respondent No. 2-Insurance Company.

2. Brief facts of the case are as under:

(a) On 11-12-2010, the deceased Rohidas Dahiphale was proceeding on motorcycle TVS Star bearing Registration No. MH-45-R-8976 alongwith one Hanumant Vitthal Kumabhar. The deceased was driving the said motorcycle in slow and moderate speed from its correct side and going to Hadapsar, Pune. When the deceased reached in the vicinity of Boripardhi, Tq. Daund, District Pune at Chaufala Chowk on Solapur-Pune Highway at about 04.00 p.m. one truck bearing Registration No. KA-39/6413 [for short ‘the offending truck’] came from back side in high and excessive speed and in rash and negligent manner and gave forceful dash to the said motorcycle of the deceased from the backside. Due to which the deceased and pillion rider Hanumant Kumbhar fell on the road and sustained grievous injuries on their person. The deceased came under the wheel