JUDGMENT

1. Instant appeal has been directed against the judgment and award dated 23.02.2010 passed by the Motor Accident Claims Tribunal, Baran (Raj.) (for short ’the Tribunal’) in MAC case No. 159/2007 whereby the Tribunal has allowed the claim petition filed by the claimants-respondents and awarded a sum of Rs. 8,71,328/- as compensation in favour of the claimants-respondents.

2. Feeling aggrieved and dissatisfied by the judgment and award dated 23.02.2010 passed by the Tribunal, the appellantInsurance Company has submitted this appeal on the following ground inter alia that the accident occurred on 26.09.2007 with a trailer/trolley which was not insured with the appellant-Insurance Company.

3. Learned counsel for the appellant-Insurance Company submitted that in FIR itself i.e. Ex.1, it is the admitted case that the incident has occurred by striking of the motorcycle with the trailer/trolley which was standing five feet away from the divider. Counsel further submitted that the site plan (Ex.3) indicates that the trolley was standing five feet away from the divider and there is no mention about the number of the tractor. Counsel further submitted that when the accident occurred a n