JUDGMENT :

S.G. DIGE, J.

1. Being aggrieved and dissatisfied by the judgment and award passed by the Member, Motor Accident Claims Tribunal, Aurangabad, the appellant (original respondent no. 1) has preferred this appeal.

2. Brief facts of the case are as under:

On 6th June, 2011 while S.T. Bus was proceeding from Nashik to Aurangabad near Padegaon the accident occurred involving S.T. Bus and one truck. The Bus driver tried to over take the truck and gave dash to the truck from back side. Left side of the Bus was cut due to said dash and deceased Devidas Dhangare, who was conductor of the S.T. Bus got seriously injured and died in the hospital. The crime was registered against the S.T. Bus driver.

3. The heirs and legal representatives of the deceased filed Claim Petition before the Motor Accident Claims Tribunal, Aurangabad (For short “the Tribunal”) for getting compensation. Considering the evidence on record and after hearing the parties, the Tribunal has directed the appellant to pay compensation. Against the said judgment and order this appeal.

4. It is the contention of the learned counsel for the appellant that the said accident was occurred due to contributory negligence of S.T.