JUDGMENT/ORDER

1. The present appeal is preferred under Sec. 173 of the Motor Vehicles Act, 1988 (for short, "the said Act") by the New India Assurance Company Limited against judgment and award dtd. 25/7/2011 passed by learned Chairman, Motor Accident Claims Tribunal at Chandrapur (learned Member of the Tribunal) in MACP No.99/2004. The parties are hereinafter referred as per their original nomenclature.

2. Brief facts of the case are as follows: Applicant No.1 Suryabhan is son and applicant No.2 Saraswati is widow of deceased Janu Chouke. On 29/3/2004, the deceased went along with Balkrushna Ramaji Shende, Vishwanath Chintaman Wanjari, Dnyaneshwar Ramteke, and Santosh Khobrage for purchasing and selling transaction of bullocks. The deceased was working as broker of bullocks and the above said persons were also involved in purchasing and selling of bullocks. The above said persons were to recover credit amount from one Ganesh Sahare who had purchased bullocks from them and, therefore, the deceased along with the above named persons travelled in a Tempo Trax from Botekasa Fata. The said Tempo Trax bearing No.CG-04-ZD-2268 was driven in a rash and negligent manner. As the said vehicle