UNITED INDIA INSURANCE CO.LTD. Vs. LEGAL HEIRS

JUDGEMENT

(1.) This Appeal under Sec. 173 of the Motor Vehicles Act, 1988 ("the Act" for short) is filed by the Insurance Company as appellant, challenging the judgment and award dtd. 22/3/2013, passed by the Motor Accident Claims Tribunal (Main), Rajkot in Motor Accident Claims Petition No.161 of 2003, wherein the Tribunal awarded total compensation of Rs.39,65,245.00 with 8% interest p.a. from the date of filing of claim petition till realization with proportionate cost.

(2.) The brief facts arising from this appeal are as under:

(3.) Heard learned advocate Mr. M.J. Shelat for the appellant - Insurance Company and learned advocate Mr. Hiren M. Modi for respondent Nos.1.1 to 1.5. Before the Tribunal, opponent Nos.1 and 2 (driver and owner of Jeep Car No.GJ-03-DD-2767) chose not to appear. As liability has not been denied, presence of other respondents is not necessary and dispensed with. Record and Proceedings have been secured from the Tribunal and placed before this Court for perusal.