JUDGMENT :

R.M.CHHAYA, J.

1. Heard Mr. M.T.M. Hakim, learned advocate for Mr. Mohsin Hakim, learned advocate for the appellants, Mr. A.A. Daudivhora, learned advocate for respondents no.1 and 2 and Mr. Tanmay Karia, learned advocate for the respondent no.3 - insurance Company. By an order dated 10.1.2018, a Coordinate Bench of this Court was pleased to issue notice for final disposal. Hence, learned advocates were heard for final disposal of the appeal.

2. Feeling aggrieved and dissatisfied by the judgment and award dated 28.8.2017 passed by the Motor Accident Claims Tribunal (Aux), Bharuch in MACP no.684 of 2008, the appellants-original claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”).

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

3.1 That, on 29.5.2008 at about 9:00 a.m., the deceased was riding on a motorcycle bearing registration no. GJ-16 AD-2323 as a pillion rider and was proceeding towards Village Haldarva to join his services. It is the case of the appellants - original claimants that