1. By this appeal under S.173(1) of the Motor Vehicles Act, 1988 [For short, hereinafter referred to as "MV Act"], appellants / original claimants are challenging the judgment and award dated 3-112009, passed by the learned Chairman, Motor Accident Claims Tribunal, Beed, in M.A.C.P. No. 138/2005, thereby rejecting claim for compensation led by appellants / original claimants on account of death of Kalyan Kothi in the alleged vehicular accident which took place on 9-9-2004 at Masrat Nagar, Beed. Respondent no.1 is the owner of the truck allegedly involved in the said accident; respondent no.2 is its insurer whereas respondent no.3 was allegedly working as driver on the said truck on the date of the accident. For the sake of convenience, parties shall be referred to in their original capacity.

2. Brief facts leading to the institution of the present appeal can be summarized thus

(a) Initially claimants who are dependent legal representatives of deceased Kalyan Kothi filed the petition under S.163A of the MV Act, claiming compensation on account of death of Kalyan Kothi as per structured formula contending that he died because of accident arising out use of motor vehicle i.e. truck bea