ORAL JUDGMENT

1. This appeal has been filed by the original opponent No.3-

Oriental Insurance Company Ltd. under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 7-9-- 2012 passed by the Motor Accidents Claims Tribunal(Aux.), 4th Addl. District Judge, Nadiad, in MACP No.832 of 2005.

2. The claim petition has been filed by the heirs and legal representatives of deceased Devangkumar Shankarprasad Bhatt claiming compensation for death of the deceased which occurred on 14-2-1005 at about 10.00 p.m. on Vidhyanagar-Anand Road. It was inter alia contended that the deceased was walking on the road when he was knocked down by motor cycle No.GJ-11-N- 2725 from behind causing fatal injuries to the deceased. After hearing the learned counsel appearing for the parties and considering the oral as well as documentary evidence on record, the impugned judgment and award was passed by the Tribunal.

3. I have heard learned advocates, Mr.Sunil Parikh for Mr.Rajni H.Mehta for the appellant-Insurance Company and Mr.Hiren M. Modi for the original claimants.

4. It is submitted by learned advocate for the appellant that the driver of the offending vehicl