JUDGMENT :

1. Heard Sri Sumit Daga, learned counsel for the appellants and Sri Saurabh Srivastava, learned counsel for the respondent no.2- United India Insurance Company.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 25.08.2007 passed by Motor Accident Claims Tribunal/Additional District Judge, Muzaffarnagar (hereinafter referred to as 'Tribunal') in M.A.C. P. No. 338 of 2004.

3. Brief facts of the case are that on 5.2.2004 the deceased-Kapil Gupta was going from Khatauli to Haridwar by Wagon-R Car bearing registration no. U.B.P.-8386 which was being driven by deceased-Kapil Gupta. At about 8.00 a.m. when he reached near Wine shop of village Badhedi, under Chapaar Police Station District Muzaffarnagar, driver of a truck coming from Roorkee bearing registration no. U.H.N. 470, driving the truck rashly and negligently dashed into the Wagon-R car as a result of which Kapil Gupta died on the spot and the Wagon-R car entirely got damaged.

4. Deceased-Kamal Arora was 35 years of the age at the time of accident and was running computer centre and