This appeal is directed by M/s Shriram General Insurance Company Limited, against the judgment and award, passed by the Motor Accident Claims Tribunal, Majalgaon, in Motor Accident Claim Petition No. 7 of 2014, whereas compensation of Rs.40,17,602/-is awarded by the Tribunal and liability is saddled on original respondent no.2 owner of the offending Truck No. MH-20/AT-2468 and original respondent no.3 insurance company (present appellant).

2. Respondent nos. 1 to 5 in the appeal are original claimants. Respondent no. 6 is the driver and respondent no.7 is the owner of the offending vehicle.

3. Deceased Rajendra Nakhate, who was the Assistant to Engineer in B. and C. office, Latur Sub-Division, Renapur, on 23.2.2014, was returning to Renapur from Lakhmapur site by his motor cycle along with his colleague Sadashiv. Near Lakhmapur pati on Ambajogai-Latur road, the offending truck came from their backside and gave dash to the motor cycle of the deceased, due to rash and negligent driving by the driver of the truck. In that accident, deceased Rajendra sustained injuries and