JUDGMENT :

R.M. CHHAYA, J.

1. Being aggrieved and dissatisfied by the judgment and award dated 17.10.2018, passed by the Motor Accident Claims Tribunal (Aux), Modasa in MACP No. 1070 of 2015, the original claimants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “Act”).

2. Heard Ms. Amrita Ajmera, learned advocate for Daifraz Havewalla for the appellant, Mr. HG Mazmudar, learned advocate for respondent no. 3 Insurance Company and Mr. Harsharajsinh H. Jhala, learned advocate for respondent no. 2. As the present appeal is directed only on the aspect of quantum and liability is not denied by the Insurance Company, presence of respondent no. 1 driver of JCB is not required for deciding the present appeal.

3. Considering the short issue involved in this appeal, with the consent of learned advocates appearing for the respective parties, the appeal was taken up for its final disposal.

4. Ms. Ajmera, learned advocate for the appellant has provided xerox copies of the relevant evidence on record.

5. The following facts emerge from the record of the appeal:

5.1. That the accident occurred on 26.06.2015 at about 12.15 p.m. near village Bay