JUDGMENT :

GITA GOPI, J.

1. The insurance company has challenged the judgment dated 21.2.2011 passed by the MACT (Aux), Navsari Camp at Vansda in MACP No. 252 of 2008.

2. The challenge is on the ground that the deceased himself was solely negligent and the accident had occurred due to his rash and negligent driving.

3. Mr. Hiren Modi, learned advocate for the respondents no. 1 and 2-claimants no. 1 and 2 submitted that the Tribunal has rightly considered all the aspects appreciating the evidence on record and the negligence aspect has been dealt with in detail with the necessary sketch drawn to clarify the details of the accident as noted in the claim petition as well as in the FIR and accordingly, the Tribunal has laid down 100% negligence on the part of the truck driver.

4. The facts of the case as noted in the judgment suggest that on 25.10.2008, the deceased was proceeding from his home to Village Vaghai to Vansda in jeep bearing registration no. GJ-15-BB-1375 in moderate speed, jeep was on the left side of the road. When he reached the limits of Village Kilad, a truck bearing registration no. MH-15G-1952 driven by opponent no. 1 before the Tribunal is said to have come on wrong sid