JUDGMENT :

1. Though served, no one has appeared for the respondent Nos.1, 2, 4 and 5.

2. This appeal has been preferred by the appellant – original claimant under section 173 of the Motor Vehicles Act (“the Act” for short) being aggrieved and dissatisfied by the judgment and award passed by the learned Motor Accident Claims Tribunal (Aux), Valsad in Motor Accident Claims Petition No.122 of 2006 (old MACP No.280 of 1999) on 30.8.2007.

3. The brief facts of the case that emerge from the record are as under.

3.1 That on11.8.1995 at around 2.30 am the claimant was travelling in Maruti Car No.GJ 15 C 4447 which was being driven by the opponent No.1 and was in the ownership of the opponent No.2 and was going from Udaipur to Kesaryaji and when they reached near Govardhan Vilas near Kesaryaji within the jurisdiction of Udaipur Police Chowki, the opponent No.4 came driving Maruti Gypsy No.DD 03 1775, which was in the ownership of the opponent No.5, rashly and negligently and came on the wrong side of the road and dashed with the Maruti Car in which the claimant was travelling. The claimant