JUDGMENT :

(Mauna M. Bhatt, J.)

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (“The Act” for short), is filed by original claimants as appellant, challenging the judgment and award dated 30.8.2010, passed by the Motor Accident Claims Tribunal (Main), Bharuch in MACP No.386 of 2008, wherein the Tribunal awarded total compensation of Rs.25,31,360/- with interest @ 9% p.a. from the date of filing of claim petition till realization with proportionate costs. In relation to negligence, the Tribunal held driver of Truck No. RJ-04-GA-0637 negligent, to the extent of 80% and driver of motorcycle No. GJ-16-R- 9658, negligent to the extent of 20%.

2. Brief facts are as under:

2.1. On 17.4.2008, at around 8.00 a.m., Maheshprasad Kishan Singh was going on his motorcycle No. GJ-16-R-9658 to reach at Ankleshwar Railway Station to catch train to attend to his job. When he reached near Jayaben Modi Hospital, at that time one Truck No. RJ-04-GA-0637 driven by original opponent No.1, came in full speed in rash and negligent manner and collided with motorcycle resulted into accident. M