1. - Appalled with the award dated 09.01.2013 passed by the Motor Accident Claims Tribunal, Sumerpur (for short 'learned Tribunal'), appellant insurer has laid this appeal under Section 173 of Motor Vehicles Act 1988 (for short 'the Act of 1988'). By the award impugned, the learned Tribunal has partly allowed the claim petition of the respondent-claimant under Section 166 of the Act of 1988 and awarded compensation to the tune of Rs. 3,76,400/-.

2. Succinctly stated the facts of the case are that the first respondent-claimant filed a claim petition before the learned Tribunal under Section 166 of the Act of 1988 inter alia on the ground that on the fateful day of 17.12.2010 at 8.30 p.m. when her son Hemraj was travelling by tempo No. RJ-06/P-2290, the tempo overturned due to its rash and negligent driving by the second respondent-Rishi Raj. As per the version of the respondent-claimant, the accident was so severe that it caused grievous injuries to Hemraj, which eventually engulfed his life on the way when he was taken to hospital. The incident was reported to the Police Station, Sheoganj and thereupon FIR no. 180/2010 was registered. After investigation, challen was filed