M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accidents Claims Tribunal (Auxi), Vadodara (hereinafter referred to as 'the Tribunal') passed in M.A.C.P. No. 2438 of 1998, by which learned Tribunal has partly allowed the claim petition preferred by the original claimants-respondent Nos. 1 to 4 herein and has awarded Rs. 38,70,453 as compensation for the death of one Jayendrabhai Patel and holding the driver of Suzuki motor cycle 100 per cent negligent for the accident, the appellant herein, insurer of Suzuki motor cycle involved in the accident, has preferred the present first appeal under section 173 of the Motor Vehicles Act. The facts leading to the present first appeal in nutshell are as under:

1.1. That accident in question occurred on 6.11.1998 at about 11.30 a.m. between LML Vespa scooter bearing No. G.J. 6-R 8194 and Suzuki motor cycle bearing No. G.J. 6-F 4863 on the crossroad between villages Sarbhan-Ghamnadh. The accident took place where there was 'U' turn of the road. One Jayendrabhai Patel, owner of Vespa scooter, was riding it with his relative (nephew) Ketankumar on the pillion and Hareshch