Vinod K. Sharma, J. (Oral).:- This appeal by the Insurance Company is directed against the award dated 4.10.2006, passed by the learned Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as “the Tribunal”), allowing the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”) by the claimant/ respondents.

2. The claimants sought compensation on account of the death of Gurbachan Singh son of Gurdev Singh in a motor vehicular accident.

3. It was pleaded case of the claimants, that on 14.9.2001 at about 2.30 P.M., the deceased was going on foot from the side of Chandigarh towards Kharar on his left side of the road. When he reached near Kalgidhar Gurudwara Sahib in the area of Mundi Kharar, respondent No.1 came driving truck bearing registration No. CH-01-T-9637 rashly and negligently from the side of Chandigarh and struck against the deceased causing injuries. The injuries proved to be fatal. The deceased was said to be 45 years of age, and was “A” Class mason. The case of the claimants was that FIR was registered regarding this accident at police station Kharar, District Ropar.

4. Respondents No.1 & 2 i.e