JUDGMENT :

R.M. Chhaya, J.

1. Feeling aggrieved and dissatisfied by the judgment and award dated 19.01.2012 passed by the Motor Accident Claims Tribunal (Aux), Gondal at Dhoraji in MACP No. 1184 of 2000, the insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act").

2. Following facts emerge from the record of the appeal-

2.1 It is the case of the respondent-original claimants that the deceased Dineshbhai had hired rickshaw bearing registration no. GJ-V-3709 to sell his vegetables from Supedi to Mahuva. It is the case of the respondents-original claimants that when the said rickshaw reached near Manekvada Ghatiyan at about 5.00 PM, the rickshaw turned turtle because of the rash and negligent driving of the rickshaw and the deceased Dineshbhai sustained serious injuries and succumbed on the spot. An FIR was lodged with the jurisdictional police station at exhibit 33 and the present claim petition was filed under Section 166 of the Act claiming compensation of Rs. 4,00,000/-.

2.2 It was the case of the claimants that the deceased was earning Rs. 5,000/- p.m. on the date of the accident. The wife of the deceased Sha