ORAL JUDGMENT

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988 , is preferred by the appellant –claimant, being aggrieved and dissatisfied with the common judgment and award dated 13.08.2018 passed by the Motor Accident Claims Tribunal (Aux.), Ahmedabad in Motor Accident Claim Petition No. 1059 of 2007, by which the Tribunal has awarded compensation of Rs.88,020/- with 8% per annum interest to the claimant/ s, holding opponents liable, jointly and severally. In total awarded amount of Rs.97,800/-, the Tribunal has held liable the claimant to the extent 10% as contributory negligence.

2. Brief facts of the case are as under:

2.1 On 02.02.2004, at around 8.00 am., Tejalben with her son Shukan were going on her Kinetic bearing registration No.GJ-1-CE-1658 from her home to Orient Club Ellisbridge and she was driving her scooter with moderate speed on the extreme left side of the road and when she was passing from Nehrubridge Cross roads at that time, opponent no.1 driver of Tanker bearing No.GJ- 1-UU-5148 owned by opponent no.2 came with rash and negligent manner endangering human life dashed with kinetic from back side and due to such impact, Tejalben and her