(1.) By way of this appeal, the appellant Insurance Company has challenged the judgment and award dated 26th April, 2002 passed by the Motor Accident Claims Tribunal, Gandhidham - Kachchh [for short, "Sthe Tribunal"] in Motor Accident Claim Petition No. 383 of 2000 whereby, the said claim petition was partly allowed and opponents No. 2 & 3 in the said claim petition, were held jointly and severally liable to pay an amount of Rs. 2,97,500/- [Rupees Two lacs ninety seven thousand five hundred only] by way of compensation along with interest @ 9 % per annum from the date of the petition till the realization of the same.
(2.) The facts in a nutshell are as under;
(3.) Mr. Dakshesh Mehta learned Advocate appearing on behalf of appellant Insurance Company submitted that the claim petition preferred by the claimants Under Section 163-A of the M.V. Act is subject to the provisions contained in the Second Schedule appended thereto. He has submitted that the said Schedule suffers from several defects and, therefore, the Courts/Tribunals cannot use it as a ready reckoner and that it can be used only as a guide. He has, therefore, submitted that the said Schedule is not binding on the Tribunal and, therefore, the same ought not to have been considered while entertaining the application preferred Under Section 163-A of the Act.