JUDGMENT :

1. The appellant Insurance Company, who is original respondent No.3 in Motor Accident Claim Petition No.232/2012, has challenged the judgment and award dated 07.04.2017 passed in the aforesaid claim petition by learned Motor Accident Claims Tribunal, Dhule (hereinafter referred to as "the learned Tribunal"), on the only ground that whether major son and daughter, who are not dependent on the income of deceased, can claim compensation on the ground of loss of dependency.

2. It is not disputed that one Sharubala Ravikiran Zol died in an accident which took place on 09.02.2012 when she was going from Dondaicha by-pass road alongwith her husband. It is also not in dispute that initially the motor accident claim petition in respect of deceased Sharubala was filed by her husband Ravikiran and son Tejas. However, during pendency of the claim petition, the husband of deceased died, and therefore, the claim petition was prosecuted by Tejas and Urjja, who are respectively son anddaughter of the deceased. It is to be noted here that the learned tribunal awarded total amount of compensation of Rs.42,27,824/- inclusive of the award under Section 140 of the Motor Vehicles Act on the pri