JUDGMENT :

1. Feeling aggrieved and dissatisfied with the impugned judgment and award dated 21.8.2006 passed by the learned Presiding Officer (Fast Track Court No.2) Ahmedabad (Rural) in Motor Accident Claims Petition No.1045 of 1995, the appellants have preferred present appeal.

2. By the said order, the Court has exonerated the insurance company from its liability and awarded Rs.4,93,000/- as compensation in favour of the appellants.

3. The short facts of the case are as under:-

3.1 The appellant-claimant has filed the claim petition claiming compensation of Rs.5,00,000/- for the injuries caused to the claimant in vehicular accident on 12.2.1995 in the luxury bus no. GT-X-3133 of Opponent-owner.

3.2 The Ld. Presiding officer has held the issues raised in the petition in affirmative in favour of the claimant and partly allowed the claim petition and awarded Rs.4,93,000/- by way of compensation alongwith 7.5% interest p.a. from the date of application till realization of actual amount with proportionate costs from the original opponent no.2 only i.e. owner of the vehicle.

3.3 The Ld. Presiding officer has held that insurance company is not liable to pay compensation to the applican