JUDGMENT :

NIRAL R. MEHTA, J.

1. The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant – Insurance Co. (original opponent No.2) challenging, inter-alia, the judgment and award dated 7.3.2013, passed by the MAC Tribunal (Main), Rajkot in MAC Petition No.1401 of 2009, wherein the learned Tribunal has awarded a sum of Rs.2,85,300/- towards the compensation.

2. That on 23.9.2009, the deceased was driving Hero-Honda Motorcycle bearing No.GJ-3-CD-4356. That near village Ghuntu on Morbi-Halvad road, the Truck bearing No.GJ-3-W-9150 was parked on the road without any parking signal. Thus, the deceased dashed with the truck from behind and died. At the time of the death of the deceased, his age was 34 years and was earning Rs.3300/- per month by way grocery business. Thus, the respondents herein – original claimants have approached the learned Tribunal for compensation for the death of their brother, who was unma