JUDGMENT :

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (“The Act” for short) is filed by the original claimants as appellants challenging the judgment and award dated 4.8.2006, passed by The Motor Accident Claims Tribunal (Main), Patan in MACP No. 278 of 2002, wherein the Tribunal dismissed the claim petition filed by the original claimants holding that, as the driver of motorcycle was sole negligent for occurrence of the said accident, tort feasor cannot take advantage of his own wrong.

2. The facts in brief are as under:

2.1. That on 17.3.1991, Ambalal @ Rehmatkhan Rathod with his wife Madhuben and son Ranjeet were travelling on his Hero Honda Motorcycle No.G C N 6699 from Mehsana to Ahmedabad. Shri Ambalal @ Rehmatkhan Rathod (hereinafter referred to as “the deceased”) was driving the motorcycle and wife Madhuben and son Ranjeet were sitting as pillion rider. It is case of the original claimants that, at that time one Matador No.GJ 2 T 6396 came with full speed in rash and negligent manner and by coming towards wrong side dashed with Hero Honda Motorcycle from front, for which the driver lost control and fell down. All three -driver and two pillion riders, sust