D. B. BHOSALE, J.

( 1 ) ORIENTAL Insurance Company Ltd. has filed the instant appeal under section 173 of the Motor Vehicles Act, 1988 (for short "the act") against the judgment and order dated 19th and 21st June, 2002 rendered by the Motor Accident Claims Tribunal on Application No. 2201 of 1994. By the impugned judgment the appellant and respondent No. 2 - driver/owner of the two wheeler, involved in the accident, are held to be jointly and severally liable to pay, to the claimant - respondent No. 1, the compensation of Rs. 2,65,000/- with interest at the rate of 9% per annum from the date of application. Leave to defend respondent No. 2 as contemplated under section 170 of the Act was granted to the appellant.

( 2 ) FEW facts may be stated in order to better comprehend the question posed before us. On 13-1-1994 at about 5. 45 p. m. the claimant - respondent No. 1 was pillion rider on the motor cycle bearing registration No. MH-02-D-6643 driven by respondent No. 2. He was allegedly driving at an excessive speed and while attempting to overtake a stationary vehicle/tempo on Andheri-Kurla Road without keeping a safe distance and proper look-out, collided against the door o