(1.) The First Appeal is taken up for final hearing, with the consent of the learned Advocates appearing on behalf of respective parties.
(2.) By this appeal, the appellant-Insurance Company, seeks to challenge the order dated 9th April, 2007 passed by the Chairman, Motor Accident Claims Tribunal, Bhandara, in Motor Accident Claim Petition No. 102/2006 (Exh.5), on an application under section 140 of the Motor Vehicles Act, 1988 (in short, "the Act of 1988").
(3.) The facts in brief are that : A truck bearing Registration No. MH31/W-6364 met with an accident on 23rd April, 2006 while proceeding from Karsala. It dashed against a Babhul tree by the side of the road resulting in serious injuries to one Premlal Pandurang Jangle, who died while receiving medical treatment at Government Medical College, Nagpur. It appears that an application under section 140 of the Act of 1988 was filed by the claimants (wife and father of deceased Premlal) on the ground that accident arose out of motor V