JUDGMENT :

1. The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the judgment and award dated 15.06.2009 passed by the Motor Accident Claims Tribunal (Auxiliary) Fast Tract Court No. 2 at Vadodara (for short the “Tribunal”) in M.A.C.P. No. 1104 of 1998 awarding compensation of Rs.2,88,000/- to the claimants.

2. The brief facts which have given rise to filing of this appeal are that the claimants are the legal heirs of deceased Kalubhai Bhikabhai Mir, who died in a motor vehicular accident which took place on 04.07.1994 at about 12:00 noon on National Highway No. 8, near Nandesari Village. On account of such accident which took place, Kalubhai succumbed to injuries and died. As a result of this, to recover the amount of compensation, claim petition was submitted under Section 166 of the Motor Vehicles Act for claiming compensation of Rs.5 lakhs.

2.1. It is further reflecting from the record that during the pendency of the claim petition, original claimant namely, Kalubhai who had suffered injuries expired in month of February, 2005. As a result of this, the applicants being legal heirs submitted an application at Exhibit-11 for being joined as legal heirs and representatives and accordingly, they were joined by carrying out necessary amendment at Exhibit-1.

2.2. On 04.07.1994, at about 12:00 noon, deceased Kalubhai was driving Matador Tempo bearing registration no. GJ-7U-9281 and was proceeding towards Kheda from Bharuch. At that point of time, on account of heavy rain, one truck bearing registration no. GJ-3-T-1871 was standing on the edge of the road on account of puncture and there was heavy rain, one labourer was crossing the road and to save the said labourer, deceased Kalubhai applied brakes and at that time, left portion of the Matador collided with truck which resulted into serious accident. On account of said accident which took place, deceased Kalubhai succumbed to injuries as stated above and an offence was registered regarding such incident before Chhani Police Station, Vadodara being C.R. No. I-117 of 1994.

2.3. Ultimately, after completion of pleadings, Issues have been framed and after analysis of oral as well as documentary evidence on record, learned Tribunal was pleased to partly allow the claim petition by directing the amount of compensation to be paid and to be processed. The operative part of the said award dated 15.06.2009 is reproduced hereunder :-

: ORDER :

- The claim petition is PARTLY ALLOWED.

- The opponent nos. 1 to 3 are ordered to pay 20% & opponent nos. 4 and 5 also ordered to pay 80% of Rs.2,88,000/- (Rupees Two Lacs Eighty Eight Thousand only) as compensation, jointly & severally, to the applicants together with proportionate cost and interest @9% p.a., from the date of filing of delay and condone application i.e. 30.06.1995 till realization.

- The interim amount of compensation if any, paid or deposited under the principle of NO FAULT LIABILITY, will be adjusted from the aforesaid amount of compensation awarded in this final adjudication.

- Amount of COURT FEES if recoverable be recovered from the awarded amount of compensation and the same to be taxed as costs of the petition.

- The opponent/Insurance Company is directed to follow the instructions given by the Hon’ble High Court in First Appeal No. 1392 of 2006 in the case of Hansaguri Prafulchandra Ladhani & Ors. v. The Oriental Insurance Co. Ltd.

- The disbursement order will be made after depositing the amount of compensation.

- Opponents to bear their own cost.

- Award be drawn accordingly.”

3. It is against this judgment and award passed by the learned Tribunal, Vadodara, present First Appeal has been filed which has come up for consideration before this Court finally.

4. Learned advocate Mr. Vibhuti Nanavati appearing on behalf of the appellant – Insurance Company has raised main and substantial contention that there is no nexus between the accident and the resultant injuries with the death of Kalubhai in