ORAL ORDER

Since the appeal was found to be involving the question of law only, it could be taken up for final disposal. Notice was issued on 03rd September, 2019 for final disposal.

2. Heard learned advocate Mr.Rathin Raval for the appellant. Though served, none appeared for the respondents.

3. The challenge in this petition by the appellant insurance company is directed against judgment and award dated 03rd April, 2018 passed by Motor Accident Claims Tribunal (Main), Dahod in Motor Accident Claims Petition No.477 of 2010, whereby the Tribunal, partly allowing claim petition under Section 163-A of the Motor Vehicles Act, 1988 awarded Rs.03,55,100/- to the original claimants-respondent Nos.1 to 5 herein with interest at the rate 9% from the date of petition till realisation of the amount.

3.1 The application under Section 163-A of the Motor Vehicles Act, 1988 was filed in relation to an accident occurred on 06th December, 2009. On that day, Hetalkumar Ishwarlal Kalal was returning to his home on motorcycle. At around 08.00 p.m., a stray dog abruptly intervened on the road and according to the case, in attempting to save the dog the breaks were applied, due to which the motorcycle slipp