JUDGMENT:

1. Being aggrieved and dissatisfied with the judgment and order passed by the Motor Accident Claims Tribunal, Mumbai (for short “the Tribunal”), the Appellant-Insurance Company preferred this Appeal. The Claimants have also preferred Cross Objection for enhancement of compensation. As both the Appeal and Cross Objections are out of same accident, hence I am deciding it by this common judgment.

2. It is claimants case that on 19th February 2010 at about 9.00 p.m., deceased was proceeding towards Mumbai by Pune-Mumbai Express Highway in his Motor Car No.MH-04-BQ-5161. He was driving his motor car with full care and caution. When he reached near Kilometer Stone No.16 within the vicinity of Panshil Village, District- Raigad at that time, the driver of Motor Truck No.MH-22-N-591 had negligently stationed his vehicle on the road without switching on the parking and signal lights during the night time and without keeping any stones around the stationed vehicle, the driver and cleaner no where in sight, leaving the vehicle dangerously unguarded in the busiest lane, i.e. Lane No.1, on the Expressway, and at 9.00 p.m. on that day, there was so much fog due to which the deceased could