M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Sabarkantha at Himatnagar (hereinafter referred to as "the tribunal") dated 17/09/2005 in MACP No.663/1995, the appellant herein-original opponent no.2-The National Insurance Company Ltd. the insurer of Jeep No.GJ-V-5911 involved in the accident has preferred the present First Appeal in so far as holding the appellant- Insurance Company liable to pay the compensation.

2. The facts leading to the present Appeal in a nutshell are as under;

2.1 In a vehicular accident, which occurred on 22/08/1994 deceased-Pratapsinh Punjaji Parmar who was traveling in the Jeep No.GJ-V-5911 died and, therefore, the original claimants filed the Claim Petition before the learned tribunal claiming Rs. 3 lakhs towards compensation. It was the case on behalf of the original claimants that at the relevant time the deceased was traveling in the offending Jeep, which at the relevant time was being driven by original opponent no.1. According to the original claimants, original opponent no.1 was driving the said Jeep in a rash and negligent manner and when