JUDGMENT :

1. This is an appeal preferred by the Iffco Tokio General Insurance Company Ltd. against the judgment and award dated 21st May 2013 passed by the Motor Accidents Claims Tribunal (for short the “M.A.C.T.”), Thane in Motor Accident Claim Application No. 965 of 2009.

2. The brief facts are that in the intervening night of 24th October 2008 to 25th October 2008, at about 00.35 hours, one Namdeo Yashwant Vishe was traveling as a pillion rider on motorcycle bearing no.MH-04-CN-9565 and one Mr.Mahesh Choudhary was riding the said motorcycle, when the motorcycle having reached opposite Bunty dhaba at Borpada village situate on Bhiwandi Wada road being driven at high and excessive speed by the rider, suddenly applied brakes, as a result of which the motorcycle skidded and Mr. Namdeo Yashwant Vishe, the pillion rider, fell down on the road. In the said accident he sustained injuries all over his body; he was taken to IGM Hospital at Bhiwandi for medical treatment, however, he succumbed to the injuries. The subject motorcycle was owned by one Mr. Mangesh Yashwant Shelar and the motorcycle was fully insured by the appellant-Insurance company. An offence of rash and negligent driving w