- (1.) With the contesting parties having appeared and for the reasons and circumstances noticed infra, this appeal is taken up for final disposal at this stage itself while dispensing with service on the other respondents.
(2.) The insurer of the vehicle involved in the accident has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 26.04.2011 as made by the Motor Accidents Claims Tribunal, Bhilwara in Claim Case No.479/2008 essentially contending against the quantum of compensation awarded.
(3.) In impugned award dated 26.04.2011, the Tribunal concerned examined the claim for compensation as made by the claimants-respondents Nos.1 to 4 on account of death of Smt.Pushpa, wife of the respondent No.1 and mother of the respondents Nos.2 to 4, due to the injuries sustained in the accident caused by the vehicle insured with the appellant. After deciding the relevant issues in favour of the claimants, the Tribunal proceeded to quantify the compensation and for the purpose, considered the age of deceased in the age group of 45-50 years and with reference to her contribution to the family comprising of her husband, about 50-52 years of age and the children in the age group of 20-24 years, awarded total compensation in the sum of Rs.4,90,000/- together with interest at the rate of 6% per annum from the date of filing of the claim application i.e., 24.05.2008 with the direction for adjustment of the amount of Rs.50,000/- received towards no fault liability; and with further directions for distribution of the amount amongst the claimants and depositing of a part of amount of compensation in fixed deposits for the respective claimants. The insurer has filed this appeal essentially contending that the quantum of compensation so awarded is much on the higher side and is too excessive. The claimantsrespondents Nos.1 to 4 have put appearance in caveat.;