JUDGMENT :

1. These nine appeals are filed challenging the judgment and award dated 16.02.2008 passed by the Motor Accident Claims Tribunal (Aux.), Vyara at Surat in M.A.C.P. Nos.401/2001, 402/2001, 403/2001, 404/2001, 405/2001, 406/2001, 408/2001, 833/2001 and 834/2001 whereby the Tribunal has partly allowed the respective claim petitions.

2. Short facts of the present appeals are that on 10.05.2001, the injured persons had gone to Navasari Krishi Vidyalaya in a jeep hired by them for information and training of modern agriculture and while returning from there, due to the negligent driving of opponent no.1 – driver of the jeep, the jeep over turned and the occupants got injuries, which resulted into the permanent partial disablement and death.

3. Learned counsel appearing for the appellant – Insurance Company has submitted the same facts which are narrated in the memo of appeal. He has submitted that the Tribunal has passed the award without considering the material evidence on record. He has submitted that the claimant has to prove the pleadings and cannot go beyond the pleadings and as per the principle of law decided by the Higher Courts that without pleading, the evidence cannot