JUDGMENT :

Dr. Ashokkumar C. Joshi, J.

1. The brief and very interesting issue involved in this petition is with regards to the quantum of the income with special reference to agricultural income of the deceased.

2. Being aggrieved by judgment and award dated 30.9.2006 passed by the Motor Accident Claims Tribunal (Auxiliary), at Vadodara in MACP No. 1931 of 2006, the appellant-insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 ("the Act" for short).

3. Brief facts of the case are as under:

3.1. On 12.11.2001, deceased Rohitbhai Hasmukhlal Joshi was travelling on his motorcycle bearing registration No. GJ-6-PP-4216 from VIP road to Waghodia road and when the deceased reached near Air-force gate on the VIP road, at that time, opponent No. 1 was coming from opposite direction driving the truck bearing registration No. GJ-6-V-7558 in a rash and negligent manner at an excessive speed and came on wrong track, dashed against the deceased, as a result of which deceased sustained severe injuries and succumbed to such injuries.

4. Appellant-insurance company filed the written statement at Exh. 19 contending that the claim petition is not true and correct.