JUDGMENT :

Arun R. Pedneker, J.

1. By the present appeal, the appellant - Insurance Company challenges the judgment and order dated 11.12.2012 passed by the Motor Accident Claims Tribunal, Osmanabad in MACP No.12 of 2009, granting claim to the dependents of the deceased, who had met with an accident with truck while driving an auto-rickshaw.

Brief facts leading to the filing of the present Appeal are as under :

2. One Rajabhau @ Rajaram Rambhau Ghodke was resident of Padsali, Taluka Uttar Solapur, District Solapur. He owned auto-rickshaw bearing MH-04/AR-7503. On 23.07.2008 at 23.00 hours, he met a friend Bapu Baban Thorat and both of them went to Thane for filling up gas in the auto-rickshaw and the deceased was driving the auto- rickshaw in moderate speed. Truck bearing No.RJ-14/GB- 6314 came from opposite side in high speed and dashed Rambhasu Ghodke's rickshaw. In the accident, Rambhau Ghodke died on the spot. A crime was registered against the driver of the truck. The claimants [widow, two minor daughters, one minor son and parents of the deceased, total 06] filed an application before the Motor Accident Claims Tribunal, claiming compensation against the owner of the truck and the