JUDGMENT :

R.M.CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the judgment and award dated 12.5.2010 passed by the Motor Accident Claims Tribunal (Main), Kheda at Nadiad in MACP no. 1302/98, the appellant-insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”).

2. Heard Mr. H.G. Mazmudar, learned advocate for the appellant, Mr. Paresh M. Darji, learned advocate for respondents no.1 and 2 and Mr. Vikas Nair, learned advocate for respondents no.3 and 4. Though served, no one appears for the respondents no.5 and 6.

3. At the outset, it deserves to be noted that the insurance Company had preferred First Appeal no.2138 of 2007, which arose out of the same accident. We find from the record that vide order dated 18.10.2010, when the present appeal was admitted, it was ordered to be heard with First Appeal no.2138 of 2007. The Coordinate Bench of this Court, wherein one of us (R.M. Chhaya, J.) was party. First Appeal no.2138 of 2007 was disposed of by a judgment and order dated 28.3.2019 read with further order which was passed in review application filed by the insurance Company being Misc. Civil Application no