(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988 (for brevity, 'the Act') is filed by the insurance company against the judgment and award dated 1. 10. 2005 of Motor accidents Claims Tribunal (Aux.), Rajkot in m. A. C. Petition No. 446 of 2000 awarding compensation of Rs. 6,28,400 with proportionate costs and with interest at the rate of 9 per cent per annum from the date of the claim petition till realisation.
(2.) THOUGH served, none appears for the respondents. Respondent Nos. 1 to 8 are the original claimants. Respondent No. 9 was the driver of the vehicle involved in the accident. Respondent No. 10, company was the owner of the vehicle and when notice for final disposal of the appeal was sought to be served, the company had already closed down. In view of the importance of the issues raised in the appeal, particularly the issues affecting claimants in the motor accident claim petitions, we permitted Mr. Mrugen Purohit and Ms. Amrita Ajmera to intervene and make submissions on behalf of the claimants in some other appeals filed by the insurance companies against the awards made by the Claims Tribunals presided over by the same judicial officer (Mr. M. S. Shaikh) at surendranagar, Rajkot or Junagadh.
(3.) THE above numbered claim petition was filed with the case that on 1. 7. 1999, raghabhai Rajabhai was travelling in a matador No. GJ 1-X 7405, insured by the insurance company. The deceased had purchased grass and was travelling in Matador along with the grass. When Matador reached the place of occurrence at about 7 a. m. , the driver was driving Matador at an excessive speed and steered the vehicle to save a cow on the road resulting into matador going off the road. It turned turtle and ran into the pit nearby. The impact of the accident was so severe that the deceased died on the spot. The widow, minor children and the mother of the deceased filed the claim petition for compensation of Rs. 4,00,000.