JUDGMENT :

1. This appeal has been filed by the appellants – original claimants against the respondents – original opponents under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’ for short) against the judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), 1st Fast Track Court, District Panchmahalas at Godhra in MACP No. 1220 of 1994 on 15.11.2006. The parties are hereinafter referred to as the claimants and the opponents as they stood in the original petition for the sake of convenience, clarity and brevity.

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

2.1. That on 27.11.1994, Kanubhai Vakhatsinh Parmar was traveling in matador bearing registration No.GJ-6-T-3095 and he was also working as a driver in the same vehicle but as it was a long journey, the opponent No.4, who was a second driver, driving the said vehicle and when they reached at the place of accident, truck bearing registration No.GJ-9-T-7457 was parked without any signal or obstruction on the road and the opponent No.4, who was driving the matador, dashed with the stationary vehicle, as a result of which, the accident occurred and Kan