(1.) This first appeal has been filed by the appellant- original opponent No. 6 - Insurance Company against the respondent Nos. 1 to 6- original claimant Nos. 1 to 6 and the respondent Nos. 7 to 11- original opponent Nos. 1 to 5, under Sec. 173 of the Motor Vehicles Act, ( ' The Act ', for short) against the judgment and award passed by learned M.A.C.Tribunal (Aux.), Presiding Officer, 6th Fast Track Court, Nadiad in Motor Accident Claim Petition No. 831 of 2002 on 21 st April, 2007. The parties are hereinafter referred to as the claimants and the opponents as they stood in the original petition for the sake of convenience, clarity and brevity.
(2.) The brief facts that emerge from the record of the case are as under:-
(3.) The opponents were duly served with the summons and the opponent Nos. 1, 4 and 5 did not appear but the opponent No. 3-Insurance Company of the truck No. HR-46-A- 4406 and the opponent No. 6-Insurance Company of tractor No. GJ--7-AA-5219 appeared and filed their written statements at Exh. 22 and 20 respectively.