JUDGMENT :

GITA GOPI, J.

IN FIRST APPEAL NO. 4141 OF 2017

1. By way of this Appeal, the Appellants-claimants as heirs of the deceased have challenged the judgment and award dated 25.11.2016 passed by the learned Motor Accident Claims Tribunal (Auxi.) Gir-Somnath at Veraval in M.A.C.P. No. 164 of 2006.

2. The facts giving rise to the present Appeal can be put succinctly as under:

On 02.04.2006, the deceased was going towards the temple of Madhavrai seated in a Tractor bearing Registration No. GJ-11E-570. When they reached at the place of accident, one Truck bearing Registration No. GJ-IAT-3982 dashed the Tractor from the rear side causing fatal injuries to the deceased, who died on the spot. A First Information Report was lodged against the driver of the Truck and learned Tribunal while deciding the negligence aspect had perused the panchnama which revealed that the width of the road is 23 Feet. Further, it also revealed that the truck had dashed the tractor from the rear side and hence, the truck driver was negligent and responsible for the accident who was required to drive the vehicle in a controlled speed and by exercising due care and caution and therefore, the learned Tribunal has