DINESH MAHESHWARI, J.

( 1 ) THIS appeal under section 173 of Motor Vehicles Act, 1988 (the Act or the Act of 1988 for short hereinafter) has been preferred by the insurer of a motor cycle bearing registration No. RJ19 7-M 0131 being aggrieved of the award dated 20. 3. 2006 made by the motor Accidents Claims Tribunal [additional District Judge (Fast Track) No. 4], jodhpur in Claim Case No. 281 of 2005.

( 2 ) BY the award impugned, the Tribunal has allowed the claim application under section 163-A of the Act made by the wife, minor child and mother of the vehicular accident victim Praveen Solanki (about 33 years); and has awarded compensation in the sum of Rs. 4,36,200 while assessing pecuniary loss at Rs. 4,08,000 and allowing treatment expenditure at Rs. 1,200 and the other components of general damages including mental agony, loss of love and affection, loss of consortium and funeral expenses at Rs. 27,000. Insurer essentially seeks to question the very competence of the claim application for the reason that the victim Praveen Solanki himself was the driver of the insured vehicle, i. e. , the motor cycle bearing registration No. RJ 19 7-M 0131 ; and according to the appe