NEW INDIA ASSURANCE CO. LTD. Vs. MANSUKHBAI CHATURBHAI

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act is at the instance of the New India Assurance Company Limited and is directed against the award dated 04th May, 2005 passed by the learned M.A.C.Tribunal (Auxi.), Surendranagar in M.A.C.P. No.394 of 2003 by which the Tribunal awarded a sum of Rs.12,10,000/- with interest at the rate of 9% per annum from the date of filing of the application till realization, for the death of the victim.

(2.) It may not be out of place to mention here that the claimants lodged a claim of Rs.11,00,000/-.

(3.) Being dissatisfied, the insurance company has come up with this appeal challenging the quantum as well as the extent of negligence on the part of the driver of the offending truck in question which is insured by the insurance company.