NATIONAL INSURANCE COMPANY LIMITED Vs. RUPALBEN RAJNIKANT KAPADIA

JUDGEMENT

(1.) By way of present appeal under Sec. 173 read with 166 of the Motor Vehicles Act, 1988, the appellant-Insurance Company has challenged the judgment and award dtd. 27/7/2012 passed in Motor Accident Claims Petition No. 10 of 2006 by the Motor Accident Claims Tribunal (Auxiliary) Surat, by which, the Tribunal has awarded an amount of 30,33,632/- (Rupees Thirty Lacs Thirty Three Thousand Six Hundred Thirty Two Only) with simple interest at the rate of 9% per annum from the date of filing of the claim petition together with proportionate cost of the petition to the original claimants, who are the legal heirs of deceased Mayankbhai Devdharabhai Kapadia, who lost his life in the vehicular accident.

(2.) The appeal came to be admitted by oral order dtd. 13/3/2013 and as per the order dtd. 13/3/2013 in Civil Application for Stay in the captioned First Appeal, the amount awarded by learned Tribunal has already been deposited before learned Tribunal.

(3.) This Court is in receipt of Record and Proceedings of the aforesaid Motor Accident Claims Petition, which has been placed before this Court for perusal of the same.