( 1 ) THIS appeal under section 173 of the Motor Vehicles Act, 1988 is filed by the New India Assurance Company Limited to challenge the judgment and award dated 28th March 2006 of the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra in MACP No. 1791 of 1999 awarding compensation of Rs. 3,80,000/- with proportionate costs and interest at the rate of 9 per cent per annum from the date of claim petition (17. 9. 99) upto 31. 12. 2000 and thereafter at the rate of 7. 5 per cent per annum till realization.

( 2 ) THE compensation amount is awarded to mother of deceased Marutisinh Ramsinh who was aged 25 years on the date of the accident and who was the only son of the claimants. The claim petition was filed by the parents, but during pendency of the claim petition, father of the deceased also expired leaving only mother of the deceased as the sole family member.

( 3 ) ON 30th April 1999, the deceased was working as a labourer in a tractor insured by the appellant Insurance Company. When the tractor was travelling from Dolatpur to Malekpur, on account of the rash and negligent driving of the tractor, the vehicle turned turtle and the deceased was crushed under t