JUDGMENT :

1. This appeal under section 173 of the Motor Vehicles Act, 1988 ('MV Act' for short) emanates from the judgment and award dated 28.01.2005 passed by the Motor Accident Claims Tribunal (Auxi) Gandhinagar in M.A.C.P. No. 191 of 1990. The Tribunal, under the impugned award, held the appellant, who was arraigned as the owner of the offending vehicle and respondent No.10-insurance company of the offending vehicle, to satisfy the award jointly and severally. The Tribunal has, by the impugned judgment, directed respondent No.10-insurance company to pay the compensation to the claimants and then recover the same from the appellant after instituting appropriate proceeding before the appropriate executing Court.

2. Facts giving rise to the present appeal emanating from para No.2 of the impugned judgment are as under:

The deceased Madhavji on 26.03.1989 was travelling with his goods on hire in truck No. GRN-5463 and the truck driver was driving his truck in rash and negligent manner and he was driving the truck in excessive speed and, therefore, when the truck was going on Gandhinagar-Sarkhej Road and reached near Khoraj village at that time he lost control over the steering and truc