JUDGMENT :

(Divyesh A. Joshi, J.)

1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 is at the instance of the appellant-Insurance Company and is directed against judgment and award dated 9th May, 2011 passed by the Motor Accident Claims Tribunal (Main), Rajkot in M.A.C.P. No.649 of 2001 by which the learned Tribunal partly allowed the claim petition filed by the opponent Nos.1 to 6 herein (original claimants).

2. The facts giving rise to the present appeal may be summarized as under:

2.1 The appellant-Oriental Insurance Company Ltd. is the original respondent No.3 in the main proceedings (for the sake of convenience and brevity, the original respondent No.3 shall hereinafter be referred to as the appellant). The opponent Nos. 1 to 6 are the original plaintiffs (shall hereinafter be referred to as “the respondent Nos.1 to 6”) and the respondent Nos.7 and 8 are the original defendant Nos.1 and 2 (shall hereinafter be referred to as the respondent Nos.1 and 2). The Code of Civil Procedure shall hereinafter be referred to as “the Code” and the Motor Vehicles Act, 1988 shall hereinafter be referred to as “the M.V. Act”.

2.2 On 19.02.2001, the deceased was coming tow