JUDGMENT :

(Mauna M. Bhatt, J.)

1. This Appeal under Section 173 of the Motor Vehicles Act, 1988 (“the Act” for short) is filed by the Insurance Company as appellant, challenging the judgment and award dated 22.03.2013, passed by the Motor Accident Claims Tribunal (Main), Rajkot in Motor Accident Claims Petition No.161 of 2003, wherein the Tribunal awarded total compensation of Rs.39,65,245/- with 8% interest p.a. from the date of filing of claim petition till realization with proportionate cost.

2. The brief facts arising from this appeal are as under :

2.1 On 22.07.2002, Pradipbhai Jerambhai Patel, after parking his motor car, was crossing the road at which time, one Jeep Car No.GJ–03–DD–2767, came in rash and negligent manner and hit Pradipbhai Jerambhai Patel, resulting into an accident. In the said accident, Pradipbhai Jerambhai Patel (hereinafter referred to as “the deceased”), sustained serious injuries and succumbed to the same. The legal heirs of the deceased, filed claim petition under Section 166 of the Act, claiming compensation of Rs.50,00,000/- with interest and cost. It