JUDGMENT :

R.M.CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the judgment and award dated 04.11.2011 passed by the Motor Accidents Claim Tribunal (Main), Rajkot, in MACP No. 584 of 2006, the insurance company of motorcycle bearing registration No. GJ3AD4462 involved in the accident has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “Act”).

2. The following facts emerge from the record of the appeal

2.1 The accident took place on 20.08.2005 at 7.30 PM near village Gundala within the local limits of Jasdan Police Station between the motorcycle bearing registration no. GJ3AD4462 and Motor Cycle bearing registration No. GJ3AR5446. Because of the accident, the pillion rider of motorcycle bearing registration No. GJ3AD4462 succumbed to the injuries and died. An FIR was lodged with the jurisdictional police station and the present claim petition was preferred under Section 166 of the Act and claimed compensation of Rs. 3 lakhs. It was the case of the claimants

2.2 It was the case of the claimants that the deceased was earning Rs. 3 lakhs per annum. The insurance policy of the motorcycle bearing registration no. GJ3AD4462 came to