JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Feeling aggrieved and dissatisfied by the impugned judgment and award dated 29.01.2007 passed by the Motor Accident Claims Tribunal (Aux), Morvi (hereinafter be referred to as the “Tribunal”) in M.A.C.P. No. 177 of 1994, the legal heir of deceased Vimlaben has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1994.

2. Following facts emerge from the record of the case:

2.1 That the deceased Vimlaben was travelling in the jeep bearing registration No. GJR-3677 from Wankaner along with other persons and at about 7.30 p.m. when the jeep reached near Ambika Petrol Pump near the signboard of Village Rafaleshwar on Wankaner Morvi National Highway, at that time, tanker bearing registration No. GTX-8970 came from opposite direction in rash and negligent manner and in excessive speed, due to which, the driver of the tanker lost control over the vehicle dashed with the jeep and as a result of which, the deceased succumbed to the injury. Hence, the legal heir of deceased Vimlaben filed claim petition before the Tribunal claiming c