(1.) Present appeal under Sec. 173 of the Motor Vehicles Act, 1988 (MV Act for short) is preferred by the appellant insurance company to assail the judgment and award dtd. 17/3/2020 passed by 3rd Motor Accident Claims Tribunal (Auxi) Mehsana at Visnagar in M.A.C.P. No. 1550 of 2012.
(2.) The facts giving rise to this appeal are not many and move in a narrow compass.
(3.) On 2/2/2012, the deceased Hiteshkumar Bhagvatbhai @ Bhagvanbhai Chaudhary and deceased Nareshkumar Fatesinhbhai Chaudhary were riding the motorcycle bearing registration No. GJ-2-AA-7966. The deceased Hiteshkumar was plying the motorcycle. When their motorcycle was passing between Laxmanpura and Unava road, the driver of Jeep bearing registration No.GJ- 2-X-486 (respondent No.4) came with his Jeep at very high and excessive speed in negligent matter and dashed with the motorcycle. Both riders of the motorcycle sustained serious injuries and they died during the treatment. The offending Jeep was of the ownership of the respondent No.5 herein and was insured with the appellant insurance company at the time of accident.