JUDGMENT :

R.M.CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the judgment and award dated 31.8.2009 passed by the Motor Accident Claims Tribunal (Aux), in Claim Petition no.403/01, 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:-

2.1 That the accident took place on 23.3.2001. It is the case of the appellants-original claimants that the deceased was driving his motorcycle bearing registration no. GJ-21 A- 7011 and one Budhiyabhai Halpati was the pillion rider and was proceeding towards Gandevi from nursery of Rajeshbhai. It is the case of the appellants-original claimants that the motorcycle was being driven in a very slow and careful manner and when it reached the scene of occurrence, a truck bearing registration no. GJ-15 U-5110 came from the wrong side and dashed with motorcycle because of which the deceased sustained fatal injuries and ultimately, succumb to the same. An FIR was lodged with Gandevi Police Station at