JUDGMENT :

R.M.CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the judgment and award dated 17.10.2018 passed by the Motor Accident Claims Tribunal (Aux), Vadodara at Savli in MACP no.1934/15, 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 7.4.2004. It is the case of the original claimant that on that day, the claimant along with one Ramuday Prabhuray Kurmi was returning to Sundar Metal Company from Manjusar after completing their work at English Medium School on motorcycle bearing registration no. GJ-6 AJ-7745, which was driven in a moderate speed and on correct side of the road. At that time, a tempo bearing registration no. GJ-6 Y-5467 came from opposite direction being driven in a rash and negligent manner and dashed with the motorcycle, as a result of which, the original claimant and his friend both fell down on the road and the original claimant sustained injuries and his friend – Ramuday Prabhuray Kurmi died during the treatment.

2.2 The original claimant was examined at Exh.15. The o