D.H. WAGHELA, J.

1. The appeal was heard at the admission stage and due to lack of necessary material with learned counsel for the appellant, Mr.Dakshesh Mehta, hearing was adjourned for allowing him the time to collect necessary instructions and papers for full-fledge arguments in the appeal. In the meantime, respondents in the appeal have filed their cross objection, and the contesting respondent having appeared, the appeal and cross objection are, by consent, taken up for final hearing and disposal. For the sake of convenience, the appellant-insurance company is addressed as appellant herein and the respondent-claimants in the appeal are addressed as the claimants.

2. The relevant facts of the case are that the claimants had claimed compensation of Rs.46.4 Lacs on account of death of Shri Bharatbhai B. Gohil, who died in the accident which took place on 26.5.2006 on account of collision of his car with a stationary truck on the highway near Dhrol, District-Jamnagar. The accident happened at around 8.15 p.m. Complaint in respect of the accident was registered and charge sheet for offences punishable under Sections 279, 337, 338 and 304-A of the Indian Penal Code and Sections