(1.) This present appeal is filed by the insured at the instance of Insurance Company, challenging the impugned award passed by the Motor Accident Claim Tribunal (Auxiliary) Rajkot in Motor Accident Claim Petition No. 1989 of 2000 vide its judgment and award dtd. 25/7/2008.
(2.) The brief facts giving rise to the present appeal are as under:
(3.) Heard Mr. G.C. Mazmudar, learned advocate and Mr. H.G. Mazmudar, learned advocate appearing on behalf of the appellant, and Mr. Pankaj R. Desai, learned advocate appearing on behalf of the defendant, and perused the materials on record.