JUDGMENT :

[1.0] This First Appeal is filed under Section 173 read with Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as ‘the Act’) by the Insurance Company and the Cross Objection is filed by the claimants under Order XLI Rule 22 of the Code of Civil Procedure, 1908 challenging the judgment and award passed by the Chairperson, M.A.C. Tribunal (Auxi.), Bhavnagar dated 28.12.2016 in Motor Accident Claim Petition No.537 of 2007 whereby the respondents – claimants were awarded Rs.6,67,600/- to be recovered from the owner – Insurance Company with running rate of interest at the rate of 9% per annum from the date of the petition till payment alongwith proportionate cost of the petition.

[2.0] For the sake of convenience, the appellant of First Appeal No.3551 of 2017 would be referred to as Insurance Company and respondent nos.2 to 7 in it would be referred to as claimants and respondent no.1 would be referred to as the owner of the vehicle in question.

[3.0] The claimants filed the Claim Petition under Section 166 of ‘the Act’ claiming compensation to the tune of Rs.7 lakhs on account of death of Ghanshyambhai Bhikhabhai Joshi caused in a vehicular accident, which occ