ORAL ORDER

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant – Insurance Company being aggrieved and dissatisfied with the judgment and award dated 06.09.2018 passed by the Motor Accident Claims Tribunal, Gandhinagar in Motor Accident Claim Petition No.1578 of 2004.

2. Brief facts of the case are as under:

2.1 The brief fact of the present appeal is such that on 24.07.2002, deceased was driving truck owned by opponent No.3 bearing No.GJ-2-X-323 and when he reached near the place of accident, one truck Trailor No.HR-38-G-2499 came from opposite side and suddenly cabin of truck trailor was separated and deceased driver moved his truck on right side. There was head on collision between two vehicles. As a result, the accident took place and deceased sustained severe injuries and succumbed to the injuries. Therefore, offence to that effect is registered before the Vasad Police Station vide FIR being I-C.R.No.134 of 2002. The legal heirs of the deceased have filed aforestated claim petition under Section 166 of the Motor Vehicle Act, 1988 claiming compensation of Rs.10,00,000/-. The learned Tribunal vide impugned judgment and award dat