JUDGMENT :

1. Feeling aggrieved and dissatisfied with the impugned judgment and award dated 29.11.2006 passed by the learned Motor Accident Claims Tribunal, Fast Track Court No.5, Kachchh at Bhuj in Motor Accident Claims Petition No.173 of 1995, the appellant insurance company has preferred present appeal.

2. The short facts giving rise to present appeal are as under:-

2.1 The respondent No.1 is the mother of the deceased and respondent Nos.2 to 3 are brothers of the deceased. The deceased Ganesh Meshan Makwana, aged 21 years, has lost his life in a vehicular accident which had taken place on 25.11.1994 at about 1.30 hours in the compound of Gulab Mill of Anjar-Kachchh.

2.2 The deceased on the day of accident was serving as a cleaner-cum-part time driver on the Truck No. GTY- 7461. The Truck was parked in the compound. At the time of accident, regular driver of the truck was starting the truck but the truck could not start. The cells of the truck were not working. Truck No. GJ-12-T-6911 was parked there. Therefore, the driver of truck No.GTY-7461 was trying to start the truck with th