JUDGMENT :

Vinit Kumar Mathur, J.

1. With the consent of the learned counsel for the parties, the matter is being heard and decided finally.

2. The present appeal has been preferred by the appellant -National Insurance Company Ltd. against the judgment and award dated 30.01.2003 passed by the learned Motor Accident Claims Tribunal, Bali in MAC Case No. 167/98, whereby, an amount of Rs. 7,64,200/- was awarded to the claimants on account of the death of Madan Lal in the accident which occurred on 17.06.1998.

3. Learned Tribunal after framing the issues, evaluating the evidence brought on record and hearing the learned counsel for the parties decided the claim application of the claimants. Hence, this appeal.

4. Learned counsel for the appellant submits that the incident occurred while Madan Lal was traveling towards Falna in a Jeep having registration No. RJ-27-T-0420 which was driven by its driver. The said Jeep dashed with a tree which resulted into Madan Lal's death in the said accident.

5. Learned counsel for the appellant submits that findings of the Tribunal recorded on Issue No. 5 are totally erroneous and in view of the evidence adduced, the same is required to be re-appreciated. L