JUDGMENT :

Instant appeal filed under Section 173 of the Motor Vehicles Act, (herein after referred to as “ the Act”), lays challenge to award dated 16.3.2019, passed by the learned MACT-III, Shimla camp at Rohru, HP, in MAC case No. 11-R/2 of 2017, titled Balma Devi and others v. Sharda Devi and Ors, whereby the learned Tribunal below while allowing the claim petition filed under Section 166 of the Act, having been filed by the respondents-claimants No. 1 and 2 (in short “the claimants”), saddled the Appellant-Insurance Company with liability to pay the compensation to the tune of Rs. 13,30,000 a/w interest @ 9% from the date of filing of the petition till realization.

2. Precisely, facts of the case as emerge from the record are that the claimants filed petition under Section 166 of the Act, claiming therein compensation to the tune of Rs. 30,00,000/- alongwith statutory interest from the Appellant-Insurance Company as well as respondents No. 4 and 5 being owner and driver on account of death of Sh. Hem Raj, being his legal heirs. Claimants claimed that on 13.2.2017, deceased