MOHINDER PAL,J. - (1.) This appeal has been preferred by the appellant-Insurance Company against the judgment and award dated 21.1.2013 passed by the Motor Accident Claims Tribunal, (Auxi.), Dist. Sabarkantha, at Modasa in MACP No. 854/2008, vide which, the Tribunal has granted compensation of Rs. 3,13,500/ along with 9% interest from the appellant-Insurance Company as well as driver of the vehicle concerned.
(2.) Brief facts giving rise to the present appeal are that on 1.5.2008, deceased was travelling as cleaner in Truck No. RJ-27-G-9510 and the said vehicle was dashed with another Truck No. DN-09-8862. No one received any injury in this accident. Thereafter, third truck with registration No. GJ-16-T-8371 came from Bombay side and was moving towards Ahmedabad. The third truck i.e. No. GJ-16-T-8371 was being driven in rash and negligent manner and ran-over the cleaner of the truck No. RJ-27-G-9510 insured with the appellant-Insurance Company. At the time of accident, driver and cleaner of the appellant- Insurance Company were inspecting their vehicle while moving around their truck which had earlier met with an accident with Truck No. DN-09-8862.
(3.) In the claim petition under sec. 363 (A) of M.V. Act , preferred by the LRs of the deceased , the Tribunal awarded aforementioned compensation. Aggrieved from this decision, present appeal has been preferred.;