JUDGMENT :

1. Feeling aggrieved and dissatisfied with the judgment and order dated 9.11.2009 passed by the Motor Accident Claims Tribunal (Main), Sabarkantha at Himatnagar in MACP no.1388 of 2005, the appellants original claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”).

2. Following noteworthy facts emerge from the record of the appeal:

That, the accident occurred on 26.9.2005 at around 08:45 a.m. near Madhavgadh Patiya Talvadi. It is the case of the appellants – original claimants that the deceased Kanchanba, her daughter and her brother were travelling in a jeep bearing registration no.GJ-1 AP-7189 and when the said jeep was passing through Madhavgadh Patiya Talvadi, a truck bearing registration no. GJ-9 V-8732 being driven in a rash and negligent manner and dashed with the jeep because of which the jeep run away in the road side and Kanchanba sustained serious injuries and succumbed to the same. An FIR was lodged with the jurisdictional Police Station and the original claimants filed the claim petition under