JUDGMENT :

Devendra Kachhawaha, J.

1. The present Civil Misc. Appeal (No. 36/2001) is directed against the judgment and award dated 09.10.2000 passed by the Motor Accident Claims Tribunal (I), Jodhpur in Claim Case No. 86/1996 titled as "Smt. Kamla Devi & Ors. Vs. Bheem Ji Bhai & Ors." whereby, the Tribunal has awarded a sum of Rs. 5,22,000/- in favour of the claimants, while holding the appellant Insurer liable for payment of the entire award amount.

2. The prayer clause as made in this appeal is as follows:-

"It is, therefore, most respectfully prayed that this appeal may kindly be allowed and the impugned judgment and award dated 09.10.2000 passed by MACT (I), Jodhpur in MACT Claim No. 86/96 may kindly be set-aside and the claims petition may kindly be dismissed as against the appellant company with costs throughout. Any other relief to which the appellant company may be entitled, may kindly be granted in its favour."

3. Brief facts of the case leading to this appeal are that on the fateful day, i.e., 09.08.1995, the husband of the respondent Smt. Kamla Devi and father of the minor ch