JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The present First Appeal is filed by the appellant-The New India Assurance Company Limited challenging the impugned judgment and award dated 10/09/2015 passed by the Motor Accident Claims Tribunal (Aux.), Bhavnagar (hereinafter referred to as “the Tribunal”) in Motor Accident Claims Petition No. 622 of 2007, by which, the learned Tribunal has held and directed the original opponent no. 3 - Insurance Company to pay the compensation to the original claimants.

2. The brief facts leading to the present appeal are that, the unfortunate incident took place on 18/07/2007 at about 2.45 p.m. in noon hours on the road proceeding towards Shyamdhaam, Yogi-Chokdi, Opp. Panchvati society in Surat City. That on the day of incident, the deceased-Laljibhai Kanjibhai Gidhani was going on his Hero-Honda Motorcycle bearing registration No. GJ-5-DF-4235 by running it as moderate speed following the traffic rules. When he approached the place of accident, the respondent No. 1 came from opposite side by driving his Tata Tempo bearing registration No. GJ-5-U-3558 in