ORAL ORDER

1. First Appeal No.1335 of 2011 and First Appeal No.1336 of 2011 were heard by the Division Bench and both the appeals came to be dismissed by an order dated 08.02.2022. The appeals were raised by the Oriental Insurance Co. Ltd. The present First Appeal is also arising from the same accident, which is against the judgment dated 04.07.2019 by Motor Accident Claims Tribunal (Main), Mahesana in M.A.C.P. No.810 of

2007.

2. Through the grounds of appeal inter alia the primary challenge is to the decision under the issue of negligence, where the Tribunal had considered sole negligence of the driver of Truck being Registration No.MP-09-KA-6255.

3. In the referred First Appeal No.1335 of 2011 and First Appeal No.1336 of 2011, the Division Bench has affirmed the observation of the Tribunal attributing 80% negligence to the driver of the truck and 20% negligence of the deceased motorcyclist. The decision was given in M.A.C.P. Nos.799 of 2007 and 809 of 2007 by Motor Accident Claims Tribunal, Mahesana on 29.11.2010;

while the impugned decision is dated 04.07.2019.

4. In view of the fact that the judgment earlier decided on 29.11.2010 has been confirmed by the Division Bench, applying the