H.K. Rathod, J.—Heard learned Advocate Mr. DB Mehta on behalf of appellant Insurance Company.

2. The appellant insurance company has challenged award passed by Motor Accident Claims Tribunal main at Gandhinagar in MACP No. 1876/2004 vide Exhibit 52 dated 20.06.2008. The claims Tribunal has awarded compensation of Rs. 2,04,500/- with 9% interest in favour of respondent claimants.

3. Learned Advocate Mr. Mehta raised contention before this Court that claims Tribunal has committed gross error in awarding compensation in favour of respondent claimants because there was no vehicular accident occurred on the date of incident. He submitted that claims Tribunal has not appreciated contention of appellant that death of husband of Respondent No. 1 had taken place not due to vehicular accident, but he was murdered by somebody else and his dead body was found on driver seat of Truck. Therefore, death of deceased has not occurred due to involvement or use of any vehicle.

4. He also submitted that claimants has failed to establish that husband of applicant No. 1 sustained grievous fatal injuries which resulted into death because of use of vehicle or out of use of vehicle or in vehicular ac