( 1 ) THIS Appeal preferred under Section 173 of the Motor Vehicles Act, 1988 arises from the judgment and award dated 11th February, 1999, passed by the Motor Accidents Claims Tribunal, Baroda [hereinafter to be referred to as "the Tribunal"] in Motor Accident Claim Petition No. 1832 of 1991. The appellant Oriental Insurance Company Limited was the insurer of Maruti car no. GBY 130 involved in the accident in question.

( 2 ) ON 24th December, 1991, one Babubhai Gulabchand Panchal was travelling in Maruti car no. GBY 130 from Mumbai to Ahmedabad on National Highway No. 8. When the car reached near Kandari village, the Maruti car had headon collision with the oncoming truck bearing registration no. GRX 3558. In the said accident, Babubhai Panchal was grievously injured. He was removed to S. S. G. Hospital, Baroda, where he died on 25th December, 1991 on account of the injuries received in the accident. The widow and the three minor children of the deceased Babubhai filed the above referred Claim Petition No. 1832 of 1991 in the Tribunal for compensation in the sum of Rs. 40,00,000/ -. According to the claim made by the claimants, the deceased Babubhai was 42 years o