Gopal Krishan Vyas, J. - (1.) Although this appeal is listed upon the application filed by the claimants for remitting the record of the case to the Motor Accident Claims Tribunal, Banswara for the purpose of disbursement of the amount deposited by the insurance company; but, with the consent of the parties, this appeal is heard for final disposal.
(2.) In this appeal filed under Sec. 173, Motor Vehicles Act, 1988 the appellant insurance company has prayed for quashing the judgment and award dt. 17.07.2010 passed by the Motor Accident Claims Tribunal, Banswara in MAC Case No.440/2007, by which, the claim petition filed by the claimants was allowed and a sum of Rs.2,25,000/- has been awarded along with 9% interest from the date of application till the date of realization in favour of the claimants.
(3.) As per facts of the case, the claimant-respondents filed claim petition before the Motor Accident Claims Tribunal, Banswara under Sec. 166 of the Motor Vehicles Act, 1988, in which, compensation of Rs.29,08,000/- was claimed for the loss suffered by them on account of death of their minor son Pradeep who died due to fatal injuries sustained by him on 29.08.2007 when he was going in the offending temo which was driven by its driver rashly and negligently. As per the pleadings, the tempo in question turned turtle and due to said accident the son of claimants, Pradeep died and other girl Miss Jyotika suffered injuries upon her body.;