JUDGMENT

1. This appeal arises out of the judgment and award passed by the Motor Accidents Claims Tribunal, Additional District and Sessions Judge (Fast Track), Anupgarh, Headquarter Suratgarh, District Sriganganagar, dated 01.12.2010, whereby the Tribunal awarded compensation to the claimants under Section 163A of the Motor Vehicles Act, 1988 to the tune of ₹4,82,200/-.

2. The appellant - insurance company by way of filing instant appeal challenges the said award on various grounds, asserting that the claim petition deserves to be dismissed.

3. Brief facts leading to the present appeal are that the claimants filed a petition under Section 163A of the Motor Vehicles Act, 1988 , seeking compensation for the death of the deceased, Balwantram. The deceased was a friend of Bhanwarlal, the husband of Kamla, who owned the Tata Sumo vehicle bearing registration number RJ-13-C-7964.

4. On the fateful day, September 9, 2005, the deceased had borrowed the said vehicle from Bhanwarlal to attend a fair at Kalanadi Bhabhoot. While the vehicle was near the Peperan bus stand at around 10-11 AM, it collided with a military truck bearing number 99-D-116294 H-331.

5. Due to the impact, the deceased, al