JUDGMENT :

1. This Court has already admitted the First Appeal vide order dated 27.10.2020. In the Civil Application for stay, this Court vide order dated 12.01.2021 granted conditional stay against execution of impugned judgment and award.

2. Ms Kirti S Pathak, learned Advocate for appellant-Insurance Company has stated that they have deposited Rs 7,86,665/- before the M.A.C. Tribunal, Surat and through the virtual hearing she had prayed for final hearing of the appeal, since the present case lies within the narrow compass, accordingly the matter is taken up for the final hearing.

3. Heard learned Advocate Ms Kirti S Pathak for the appellant and learned Advocate Mr Nishit A Bhalodi for respondent Nos. 1 to 4. Though served none appears for respondent Nos. 5 and 6.

4. Being aggrieved and dissatisfied by the judgment and award dated 11.03.2020 passed by the Motor Accident Claim Tribunal (Auxi.) Surat, in MACP No. 473 of 2011 the appellant-Insurance Company has preferred this First Appeal under Section 173 of the Motor Vehicles Act 1988 ( “the Act” for short).

5. The short question arises for consideration is whether the appellant- Insurance Company can be made liable to pay compensation