1. Instant appeal has been filed by the appellant Insurance company under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 05.10.2005 passed by learned Addl. District and Sessions Judge (FT) No.4, MACT Cases, Jodhpur [hereinafter referred to as Judge, MACT Cases] in Claim Case No. 189/2004 whereby, the learned Judge, MACT Cases has awarded compensation in the sum of Rs. 4,19,000/- to the claimant respondents.

2. Succinctly stated, facts of the case are that a claim petition was filed by the respondent no.1 to 4 before the Motor Accident Claims Tribunal, Jodhpur which was later on transferred to the court of learned Judge, MACT Cases, stating therein that on 10.04.2002, when the deceased Nawab Khan was coming to Jodhpur from Banar road in Truck No. RSN- 4881 carrying limestone, at around 6:30 PM, a private bus No. RNS 3989 being driven rash and negligently by the driver hit the truck from behind due to which Nawab Khan who was sitting on the other side of the driver of truck fell down on the road. It is further stated that the private bus No. RNS 3989 coming behind the truck ran over him, consequently due to grievous injuries, he died on the