Mohinder Pal, J.

1. The present Appeal has been preferred against the judgment and award in Motor Accident Claim Petition No. 699/2002 under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claim Tribunal (Aux.), Jamnagar claiming compensation of Rs. 1,50,000/- on account of death of three years old child, who came under Truck No. GJ.10.C.9736.

2. Aggrieved by this award, the Insurance Company has come in an Appeal.

3. The brief facts of this case are that on 22.07.2002, the son of the claimant - Jaypal Hanubha Jadeja aged about three years was playing in the compound of his residential house situated at Moti Khavdi. The compound of the premises was having a slope on which a Tractor No. GJ.10.C.9736 was parked. At that time, as no stone etc. was kept in front of the tyres of the tractor, and as the tractor was parked in such a manner, it suddenly started moving and collided against the son - Jaypal who was playing in front of the Truck. As a result of this, Jay received serious injuries. Thereafter, he was taken to Reliance Hospital and was rushed to GG Hospital at Jamnagar for further treatment. However, Jaypal died on account of the injuries received.

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