JUDGEMENT :

1. The appellant-Insurance Company has filed present Appeal under Section 173 of the Motor Vehicle Act, 1988 (‘M.V. Act’ for short) challenging the Judgment and Award dated 23rd February, 2009 passed by the Chairman, Motor Accident Claims Tribunal, Akola (‘MACT’ for short) in Motor Accident Claim Petition No. 91 of 2006. By the Judgment and Award the learned Chaiman MACT, Akola has directed the appellant-Insurance Company to pay compensation of Rs.5,00,000/- along with interest at the rate of Rs.7.5% from the date of application till realization to the claimants and then recover the same from respondent No.1-Owner of the offending vehicle.

2. Brief facts are as under;

The petitioner and the present respondent nos.1 and 2 filed their Claim Petition under Section 166 of the Motor Vehicles Act, seeking compensation of Rs.5,00,000/- arising out of accidental death of Prakash Ingle, who died in an accident caused on 25th October, 2005, while he was travelling as a passenger by Matador No. MH 28 H 6312 owned by present respondent no.3 and driven by present respondent No.4. The said vehicle was insured with appellant.

3. The claim is resisted only by appellant-Insurance Company by