ORAL JUDGMENT

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988 , is preferred by the appellant/s – original claimant/s – legal heirs of the deceased, being aggrieved and dissatisfied with the judgment and award dated 08.03.2010 passed by the Motor Accident Claims Tribunal (Aux.), Patan in Motor Accident Claim Petition No.5401 of 2002 (Old MACP No.245 of 1995), by which the Tribunal has awarded compensation of Rs.2,62,625/- with 7.5% per annum interest to the claimant/s, holding Opponents No.1 to 3 i.e. driver, owner and insurance company of the Tanker bearing registration No.GQY-5352 liable, jointly and severally.

It is noted that the Tribunal has held the tanker driver negligence to the extent 70% and Jeep driver i.e.

deceased to the extent 30% qua the accident in question.

2. Brief facts of the case are as under:

2.1 That on 28.04.1995, deceased – Rahemanbhai was