JUDGMENT :

R.M. Chhaya, J.

1. Feeling aggrieved and dissatisfied by the judgment and award dated 22.12.2016 passed by the MAC Tribunal (Aux.) Ahmedabad (Rural) in MAC Petition No. 516 of 2006, the appellant-Insurance Co. has preferred this Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act').

2. The following facts emerge from the record of the Appeal:

2.1. That the accident took place on 13.2.2006 near Chotila-Sayala crossing of Limbdi-Ahmedabad Highway. It is the case of the respondents-claimants that the deceased Dr. R.J.S. Yadav along with one Mr. R.D. Patel were traveling in Maruti Car from Rajkot to Ahmedabad and when the car reached at the place of occurrence at about 4.00 a.m., the accident occurred. It is the case of the claimants that the car was parked properly and the deceased got down from the car to answer the nature's call and while he was returning, the truck bearing registration No. GJ-3-W-9390 coming from Sayala being driven in rash and negligent manner, ran over the deceased. The record indicates that the deceased susta