SUNIL K.KOTWAL, J. - (1.) This appeal is directed against the judgment and award passed by the Motor Accident Claims Tribunal, Nandurbar (hereinafter referred to as the 'Tribunal') in Motor Accident Claim Petition No. 59 of 2016, (hereinafter referred to as the 'MACP'), where as compensation of Rs. 51,24,212/- was awarded as joint and several liability was fastened against respondent Nos. 1 to 3. Appellant is the original respondent No. 3 i.e. the United India Insurance Company Ltd. Respondent Nos. 1 and 2 are the original claimants and respondent No. 3 is the driver and respondent No. 4 is the owner of Scorpio Jeep bearing No. MH-(offending vehicle). (For the sake of clarity hereinafter parties are referred in accordance with their status in the original proceeding as claimants and respondents).
(2.) Facts leading to the institution of this appeal in brief are that on 2.5.2016, at the evening hours the deceased was riding his motorcycle bearing No. MH-39-L-6548 on Khodai Mata road. That time, offending vehicle came from opposite direction and due to rash and negligent driving by the driver of the offending vehicle, dash was given to the motorcycle of the deceased resulting into the grievous internal head injuries to the deceased. The deceased rushed to various hospitals for treatment but he succumbed to those accidental injuries on 11.5.2016. Therefore, claimants who are the widow and mother of the deceased, have filed this claim petition for compensation.
(3.) Respondent Nos. 1 and 2 appeared before the Tribunal and filed written statement at Exh. 15 and admitted the involvement of the offending vehicle in the above said motor vehicular accident. However, they contend that the accident did not occur due to rash and negligent driving of the driver of the offending vehicle.;