ORAL ORDER

This First Appeal under section 173 of the Motor Vehicles Act, 1988 is directed against the final judgment, order and award dated 25.1.2012 passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in MACP No.268/2008. The Tribunal has awarded compensation of Rs.4,44,500/- with interest at the rate of 9% p.a. from the date of filing of the claim petition till its realisation to the respondents 1 to 4 (original applicants) under section 163A of the Motor Vehicles Act, 1988.

2. Heard learned advocates appearing for the respective parties.

3. Learned Advocate for the appellant has preferred this appeal on two grounds. Firstly, the tribunal has not considered the decision in case of National Insurance Company Limited V. Sinitha, [2012 2 SCC 356]. Secondly, the tribunal ought to have considered the fact that driver of the offending vehicle did not have endorsement of riding the transport vehicle to ply LMV.

4. On the other hand, learned advocate for the claimant has submitted that no error is found in the judgment and award and therefore appeal may be dismissed.

5. Having heard the learned advocate for the parties and considering the contentions raised by the learned ad