JUDGMENT :

S.G. CHAPALGAONKAR, J.

1. The appellants/original claimants in Motor Accident Claim Petition [MACP] No.40/2014 before Motor Accident Claim Tribunal, Ahmednagar [for short ‘the Tribunal’] impugns the judgment and award dated 09/01/2019 passed under Section 166, in this appeal filed under Section 173 of the Motor Vehicles Act, 1988 [for short ‘the Act’].

2. The claimants had approached the Tribunal seeking compensation of Rs.2,52,70,000/- from the respondents towards accidental death of Dnyandev Namdeo Gavhane [deceased] in an accident dated 15/10/2013. It is the contention of the claimants that the deceased – Dnyandev, while riding his motorcycle was dashed by a tempo registration No. MH-17-AG-4369, owned by respondent no.1 and insured with respondent no.2. According to the claimants, the tempo driver was responsible for the accident. It is further contention of the claimants that deceased – Dnyandev was aged 43 years and was earning Rs.2,00,000/- per month from agriculture and milk supply. He was also owner of a tractor and rickshaw that was adding to his income.

3. The