JUDGMENT :

R.M. CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the judgment and award dated 08.12.2011 passed by the Motor Accident Claims Tribunal (Aux), Kachchh at Bhuj in MACP No. 950 of 1996, the original claimants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “Act”).

2. The following facts emerge from the record of the appeal as well as the original record and proceedings of the claim petition -

2.1 One Shri Jagatsinh Tapubha Jadeja was travelling from village Tara to Anjar in Maruti car bearing registration No. GJ-12-B-9417 on 24.10.1996 at about 10.00 hrs. As the record shows, at about 10.00 hrs, when the car reached near village Kukma, a truck bearing registration No. GQY 4559 came from the other side being driven in rash and negligent manner in excessive speed and as alleged in the claim petition, it came from the wrong side and collided with the Maruti car because of which the Maruti car was dragged with the truck for some distance and thereafter the truck got turtled on its wrong side. The deceased Jagatsinh Tapubha Jadeja received serious injuries and died on the spot. It was the case of the original claima