JUDGMENT :

H.K. Rathod, J.

Heard learned advocate Ms. Megha Jani on behalf of appellant National Insurance Co. Ltd, learned advocate Mr. M.S. Shah appearing for respondent claimants.

2. The appellant insurance company has challenged common award passed by Motor Accident Claims Tribunal, FTC Godhara in MACP no. 1428, 2763 and 2764 of 2001 decided on 7-6-2008. The claims Tribunal has awarded Rs. 3,34,000/- in MACP no. 1428 of 2001, Rs. 1,73,856/- in MACP no. 2763 of 2001, and Rs. 65,342/- in MACP no. 2764 of 2001 with 7.5% interest in favour of respondent claimants.

3. The accident occurred on 24-5-2001 in truck no. GTK 2247 which belongs to respondent no. 2-A.Y. Bakkar and respondent no. 1 Madhusingh Rupsingh Patel was driver of truck. According to claimants they were working as labourer going Rasulpur to Machhelav for loading wooden parts. Meanwhile opponent no. 1 driver driving truck with rashly and negligently. At about 10.30 am near Toyani village, additional wheel has been separated from truck which resulted, truck turned turtled and went to ditch in gutter. Due to this accident, certain labourers received injuries and one Punabhai Bhudarbhai was died.

4. The reply filed by insuranc