R.K. Deshpande, J.

1. In Motor Accident Claim Petition No. 138 of 2006, the Motor Accident Claims Tribunal, Yavatmal, has passed an award under Section 166 of the Motor Vehicles Act, 1988 on 30-3-2011 holding the driver and the registered owner of the vehicle Maroti Van No. MH-28/C-1464, along with the appellant-The Oriental Insurance Co. Ltd., jointly and severally liable to pay the compensation of Rs. 16,32,408/- inclusive of no-fault liability and interest at the rate of 9% per annum from the date of filing of the petition, i.e. 5-6-2006, till its realization. It is the Insurance Company, which is before this Court challenging the award passed by the Tribunal.

2. The incident in question occurred on 17-3-2006 near Mangrul Shiwar on Pandharkawada-Wani Road at 12.15 p.m. The vehicle in question, i.e. Maruti Van No. MH-28/C-1464, dashed a horse, which was crossing the road; as a result of which, the vehicle turned turtle. The deceased Nanaji Punaji Uike was the occupant in the vehicle and died on the spot as a result of severe injuries. The Tribunal has recorded the f