JUDGMENT :

1. The present First Appeal is filed under Section 173 of the Motor Vehicle Act, by the present appellant - Insurance Company, being aggrieved by and dissatisfied with the judgment and award dated 07.05.2010 passed by the Motor Accident Claims Tribunal (Aux.), Surat in Motor Accident Claim Petition No. 465 of 2004, by which, the Tribunal has awarded compensation of Rs.1,55,000/- with 9% interest per annum to the claimants by the opponents i.e. driver, owner and insurance company, jointly and severally. Therefore, the present appeal is filed by the Insurance Company.

2. Brief facts of the present case are that, on 29.05.2004, when the deceased - Minor Ajay, aged about 6 years old, was trying to cross the road, one Tempo bearing registration No.GJ-5-UU-3624 came with rash and negligent manner and dash with him. Minor Ajay sustained injuries and ultimately, he succumbed to the injuries. The parents have lost their son due to the said accident. Therefore, the parents and younger brother have filed a claim petition before the Tribunal for compensation of Rs.2,05,000/-. Notices were served to the opponents, but opponents No.1 and 2 have not filed their written statement, whereas