1. The present First Appeal No. 576 of 2013 under S.173 of Motor Vehicles Act, 1988 is filed by the appellant insurance company being aggrieved by and dissatisfied with the judgment and order passed in Motor Accident Claim Petition No. 96 of 2003 by the Motor Accidents Claims Tribunal (Auxi.), Sabarkantha at Himmatnagar on 7.7.2012, by which the Tribunal has awarded Rs. 4,37,500 with 8 per cent p.a. interest to the claimant for the injuries caused to her due to the accident.
It is also noted that the claimant has also filed Cross - objection No. 138 / 2013 in First Appeal No. 576 of 2013 by which the claimant has prayed for enhancement of Rs. 4,00,000 in the awarded amount on the main ground that the Tribunal has wrongly awarded Rs. 50,000 towards loss of unborn child which should be at least Rs. 1,80,000 in view of the decision of Hon'ble Apex Court in the case of National Insurance Co. Ltd. v. Kusuma