M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Vadodara (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No. 1356/2001 by which the learned Tribunal has partly allowed the said claim petition and has directed the original opponents including the appellant herein - insurer to pay a total sum of Rs. 3,37,000/- with 7.5% interest per annum thereon from the date of claim petition till realization towards compensation for the death of deceased Rameshbhai Parmar, original opponent No. 3 - insurer has preferred the present First Appeal.

2. That the original claimants filed the aforesaid claim petition before the learned Tribunal claiming a total sum of Rs. 5 lac towards compensation for the death of deceased Rameshbhai Maganbhai Parmar alleging inter alia that on 21.07.2001, when the deceased Rameshbhai was driving the Jeep bearing No. GJ-6JJ-9875 and proceeding from village Himatpura to Dabhoi - Sinor road, the tyre of the jeep got punctured due to which the jeep slipped and dashed with the tree and the deceased Rameshbhai sustained serious injuries. It