(1.) The judgment and award dated 10.9.08 passed by the learned Member, Motor Accident Claims Tribunal, Udaipur in T.S. (MAC) No. 174 of 2007 is in challenge in this appeal, filed by the insurer under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the MV Act').
(2.) The material facts at various stages, which lead to the present appeal may, in brief, be stated as follows:
(3.) I have heard Mr. P.K. Dhar, learned Counsel appearing for the Appellant and Mr. Somik Deb, learned Counsel appearing for the claimants-Respondents.