JUDGMENT :

1. This appeal is filed under Section 173 of the Motor Vehicle Act (hereinafter referred to as “the Act” for short) by the appellant – Insurance Company, wherein the appellant has prayed that the judgment and award dated 2.4.2019 passed by the Motor Accident Claim Tribunal (Auxi.), Gandhinagar in MACP No.38 of 2010, be quashed and set aside.

2. The brief facts leading to filing of this appeal are as under:

2.1 The present opponent nos.1 and 2 filed claim petition being M.A.C.P.No.38 of 2010 under Section 166 of the Act against the present appellant-insurance company and opponent no.3 herein. It is mainly stated that on the date of incident i.e. 12.11.2009, when the deceased Bantisang @ Vedpal was travelling from Harsoli to Dahegam in Autorickshaw bearing no.GJ.18AT.4022, near Uttam dairy, the rickshaw driver was rashly and negligently driving the said autorickshaw and the said autorickshaw dashed with one pickup jeep. In the said accident, Bantisang sustained grievous injuries as a result of which, he died. It is stated that the deceased was earning Rs.4000/- per month and therefore the claimants prayed that Rs.5 lacs be awarded by way of compensation to them.

2.2 On issuan