M.R. SHAH, J.

1. As common question of law and facts arise in this group of appeals and as such arise out of the impugned common judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi), Ahmedabad Rural, Ahmedabad (hereinafter referred to as the “Tribunal”) passed in Motor Accident Claims Petition Nos. 452 of 2003 to 455 of 2003, all these appeals are decided and disposed of by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned common judgment and award passed by the learned Tribunal passed in MACP Nos. 452 of 2003 to 455 of 2003 in so far as holding the driver of the Truck No. GJ-1-AT-6785 contributory negligent to the extent of 85%, appellant herein-Insurance Company of said Truck, the New India Insurance Company Limited has preferred present First Appeals.

3. That the vehicular accident between the Truck No. GJ-1-AT-6785 and Maruti Car No. GJ-1-AR-5446 occurred on 26.01.2003 at about 12.30 a.m. That in the said vehicular accident driver of the Maruti Car No. GJ-1-AR 5446 and the passengers in the said Maruti