JUDGMENT :

R.M. CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the impugned judgment and award dated 2.6.2018 passed by the Motor Accident Claims Tribunal (Aux) and 7th Ad-hoc Additional District Judge, Panchmahal at Godhra in Motor Accident Claim Petition no. no.304 of 2014, the appellant - insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”).

2. Following facts emerge from the record of the appeal:-

That, the accident occurred at 07:00 p.m. on 3.1.2014 near Vejalpur Bagayat Kendra. It is the case of the original claimants that while the deceased – Punambhai was travelling on a motorcycle bearing registration no. GJ-17 AM-7939 as a pillion rider, a dog came in front of the bike, because of which, respondent no.1 who was driving the motorcycle had to apply sudden brake, because of which, the deceased fell down on the road and sustained grievous injuries. As the record unfold, the deceased was admitted at Referral Hospital, Kalol and thereafter, was taken to Supeda Hospital for further treatment and was thereafter admitted to New Life Hospital, Godhra. However, the deceased was declared dead. An FIR was