JUDGMENT :

HARSHA DEVANI, J.

1. This appeal under section 173 of the Motor Vehicles Act, 1988 at the instance of the Insurance Company is directed against the judgment and award dated 15th February, 2008 passed by the Motor Accident Claims Tribunal (Auxiliary) at Ahmedabad (hereinafter referred to as “the Tribunal”) in Motor Accident Claim Petition No. 23/1992.

2. The respondents No. 1 to 4 herein (hereinafter referred to as “the claimants”) filed a claim petition before the Motor Accidents Claims Tribunal seeking compensation of Rs. 10,09,716/- from the appellant and respondents No. 5 and 6 for the death of Harisinh Hemantsinh Zala, who was the husband of respondent No. 1 and father of respondents No. 2 to 4, in a vehicular accident that is alleged to have taken place on 12th August, 1991. The claimants filed the above referred claim petition before the Tribunal wherein it was stated that the respondent No. 3-Vijaysinh Harisinh Zala and his deceased father had gone shopping at Teen Darwaza and at 7:30, both of them were going on foot and they had reached near the Bank of India at