R.P. Dholaria, J.

1. This appeal is preferred by the appellant-Oriental Insurance Co. Ltd. against the judgment and award dated 11/11/2009 passed by the Motor Accident Claims Tribunal (Auxiliary), Anand in Motor Accident Claim Petition No. 281 of 2006 (Old Motor Accident Claim Petition No. 360 of 2005).

2. Heard Mr. Anal Shah, learned advocate for the appellant. Though served, respondents chose to remain absent.

3. Brief facts of the case are that on 08/09/2005, at about 6:45 p.m., when son of respondent No. 1/1 and 1/2-original applicants went to Mahisagar river for submerging the idol of Lord Ganapati by travelling in tri-wheeler Tempo No. GJ-7-Z-5506 and when they were coming back, the driver of the said Tempo i.e. respondent No. 2-original opponent No. 1 drove his Tempo in a rash and negligent manner and thereby the Tempo turned turtle on the road and as a result of which Ganeshbhai came under the said Tempo and he died. The criminal complaint was also lodged before Chhani Police Station at Vadodara city. At the time of accident, deceased Ganeshbhai was 19 years old and was hale and hearty. Ganeshbhai was doing masonry work and other miscellaneous labour work and used to