(1.) First Appeal No.278 of 2011 has been filed by appellant - Oriental Insurance Company Limited under Sec. 173 of the Motor Vehicles Act, 1988 challenging judgment and award dtd. 16/9/2010 passed by learned Motor Accident Claims Tribunal (Auxiliary), 2nd Fast Track Court, Nadiad in MACP No.1947 of 1995. By the said judgment and award, the Tribunal has awarded compensation of Rs. 82,65,750.00 with interest @ 9% p.a. from the date of the claim petition till the date of realization under Sec. 166 of the MV Act. Though the Tribunal has awarded compensation of Rs. 82,65,750.00, the appellant - Insurance Company has restricted its challenge to a sum of Rs. 16,69,150.00 only.
(2.) Cross Objection No.227 of 2011 has been filed by respondent Nos.1 to 6 herein - original claimants praying for enhancement of the amount of compensation awarded by the Tribunal.
(3.) The short facts giving rise to the present appeal can be summarized as under :-