1. - This appeal has been filed by the Insurance Company against the judgment and award dated 26.9.1995 passed by the learned Judge, Motor Accident Claims Tribunal, Balotra (in short 'the Tribunal') in Claim Case No.107/93 whereby the learned Judge has allowed the claim petition and has awarded compensation of Rs.1,65,000/- with interest @ 12% per annum in favour of the claimants.

2. Briefly stated the facts of the case are that Smt. Phoosi wife and children of deceased-Ganesha Ram filed a claim petition before the learned Tribunal under Section 165 and 166 of M.V. Act stating therein that on 31.8.1993 Pratap Ram, Ganesha Ram, Kana Ram and Chhelu Singh all residents of Village Dakha were going in two camal-carts to Balotra for bringing 'chara' (animal food). In the night at about 8 O clock when they reached at 'Ostara Fanta' (in front of F.C.I. Godown), a Jonga Jeep bearing Regn.No.RJ-04C-0007 which was alleged to be driven by Nema Ram (non-claimant No.1) in a rash and negligent manner, came from behind and dashed with the camal carts, as a result of which, Kana Ram and Chhail Singh received injuries, Ganesha Ram became unconscious and both the camal carts broke and the cam