ORIENTAL INSURANCE COMPANY LTD Vs. NEEMABEN ASHOKKUMAR MANKAR

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 ('the Act' for short) is filed by the appellant - Insurance Company challenging the judgment and award dtd. 28/8/2012, passed by learned Motor Accident Claims Tribunal (Auxiliary), Vadodara in MACP No.193 of 1995, by which the learned Tribunal had awarded compensation of Rs.11,74,734.00 with interest @ 7.5% p.a. from the date of filing of the claim petition till realization with proportionate costs. In the present appeal, the appellant has restricted its claim against an amount of Rs.3,60,000.00 out of the total amount awarded by the Tribunal as compensation.

(2.) By an order dtd. 1/4/2013, appeal was admitted. Record and Proceedings were called from the Tribunal and accordingly, the same has been received by the registry and has been placed before this Court for perusal.

(3.) The brief facts arise from the record are as under: -