JUDGMENT :

DIVYESH A. JOSHI, J.

1. The present first appeal is filed by the appellant under Section 173 of the Motor Vehicles Act, 1988 to assail the judgment and award dated 20.07.2018 passed by the Motor Accident Claims Tribunal (Aux.), at Vadodara in Motor Accident Claim Petition No.1043 of 2012 whereby the claim petition filed by the appellant-original claimant was partly allowed.

2. The appellant-Arunaben Mohanbhai Patel is the original claimant and respondent No.2-Bajaj Allianz General Insurance Co. Ltd. is the original defendant No.2 in the main proceedings, and for the sake of convenience and brevity, they shall hereinafter be referred to as the original claimant and defendant No.2 respectively. The Code of Civil Procedure, 1908 shall hereinafter be referred to as the ‘Code’ and the Motor Vehicles Act, 1988 be referred to as the ‘Act’.

3. The facts leading to the filing of the present appeal may be summarized as under;

3.1 The husband of the claimant, namely, Mohanbhai Shankarbhai Patel met with an accident on the fateful day, i.e,. on 16.01.2012 at about 15:45 O’clock. The deceased was coming towards Ankleshwar from Valia by riding his motorcycle slowly, cautiously and on the r