1. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present appeal is taken up for final hearing today.

2. The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant-original opponent no. 2-National Insurance Company Ltd. challenging the impugned judgment and award passed by the Motor Accident Claims Tribunal (Main), Kheda at Nadiad dated 30/06/2010 in M.A.C.P. No. 492/2009 by which in Claim Petition under Section 163-A of the Motor Vehicles Act preferred by the heirs of the driver of the vehicle involved in the accident, the learned tribunal has partly allowed the said Claim Petition directing the appellant and other opponents to pay a total sum of Rs. 2,95,100/-towards compensation with proportionate cost and interest at the rate of 9% per annum from the date of the application till realization.

3. Shri Mehul Sharad Shah, learned advocate appearing on behalf of the appellant-National Insurance Company has vehemently submitted that the learned tribunal has materially erred in allowing the said Claim Petition directing the appellant