JUDGMENT :

1. This first appeal has been filed by the appellant-original opponent No.2 – Insurance Company against the respondent Nos. 1-5 original claimants and the respondent no. 6- original opponent No. 1, under Section 173 of the Motor Vehicles Act, (‘The Act’, for short) against the judgment and award passed by learned M.A.C.Tribunal (Aux.), Presiding Officer, 3rd Fast Track Court, Panchmahals at Godhara in Motor Accident Claim Petition No. 197 of 1999 on 31.01.2007. 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 11/01/1999 at about 08.30 am, Vikramsinh Jitsinh Jadav was going on Tractor No. GTM-7864 and Trolly No. GTG-7859 to the Petrol Pump to bring fuel and when they reached near Meshry river bridge, Satpur in Godhara Town, the Tractor driver was driving the tractor in a rash and negligent manner and lost control over the Tractor and the Tractor turned turtle in a ditch. The complaint was lodged with Godhara Town Police Station vide I-C.R.No.19/1999. The claimants, who are the