R.M.Chhaya,J. - (1.)Feeling aggrieved and dissatisfied with the judgment and order dated 26.9.2011 passed by the Motor Accident Claims Tribunal (Aux.), Bhuj-Kutch in MACP no.623 of 2006, the appellant insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act").
(2.)Following noteworthy facts emerge from the record of the appeal:- Suffice it to note that one Balvantsinh @ Baldevsinh Ranjitsinh Jadeja died in a vehicular accident which took place on 23.9.20063, wherein it is alleged that the deceased was a pillion rider on a motorcycle bearing registration no. GJ-12 AP-3671. As per the record, when the said vehicle reached near the place of accident, a stray dog came in between and the rider respondent no.1 herein applied sudden brake because of which he lost control over his vehicle and both the rider as well as the deceased had fallen down because of which the deceased had sustained serious injuries and succumbed to the same on 26.9.2006 during treatment. The Tribunal, after appreciation of the evidence on record, allowed the claim petition and awarded the compensation of Rs.4,03,500/- with 9% interest per annum from the date of filing of the claim petition till its realization. The Tribunal has specifically come to the conclusion that the insurance policy is a package policy and being aggrieved by the impugned judgment and award, the insurance Company has preferred this appeal.
(3.)Heard Mr. Sandip C. Shah, learned advocate for the appellant. Though served, no one appears for the respondents.