JUDGMENT :

1. The appellant/insurer impugns the judgment and award dated 03/09/2004, passed by the Motor Accident Claims Tribunal, Jalna [for short ‘the Tribunal’], in Motor Accident Claim Petition (MACP) No.42/2003 in this appeal filed under Section 173 of the Motor Vehicles Act, 1988 [hereinafter referred to as ‘the Act’ for short].

2. The respondent nos.1 to 3 [original claimants] had approached the Tribunal under Section 166 of the Act, thereby raising the claim for compensation of Rs.2,00,000/- against the owner and insurer of Tempo bearing registration No. MH-06-6184, towards accidental death of Vijay Thavra Chavan in an accident dated 18/05/2003. The contention of the claimants is that, the deceased was aged 20 years at the time of accident. They were dependent on his income. On the date of accident, the deceased was travelling in the offending Tempo, which slipped into a ditch owing to rash and negligent driving of tempo driver. According to the claimants, the deceased was earning Rs.3000/- per month from his job as a Cleaner. The respondent no.4 being owner and appellant being an insurer [original respondent nos.1 and 2 in claim petition] are liable to pay compensation in t