( 1 ) FIRST Appeal (No. 14/1999) is directed by the appellant (original respondent no. 2) United India Insurance Company Ltd. , being aggrieved by the award passed by the district Judge, Jalgaon, on 07-09-1998 in motor Accident Claim Petition No. 50/1992, thereby granting compensation total of rs. 2,95,200/- together with interest and, both: the owner and insurer, were jointly and severally made liable to pay the amount of compensation. The respondent No. 1 (original claimant) Smt. Lilabai Marathe is the widow and respondent Nos. 2 to 5 (original claimants nos. 2 to 5) are the children of one Ramesh marathe (deceased), who was serving as education Development Officer at Jalgaon. The Scooter (No. MVD 6455) was owned by respondent Ramesh Chindu Patil, who was friend of deceased Ramesh Marathe. They both on 17-02-1989 were riding on the Scooter, which was owned and driven by respondent no. 1 Ramesh Patil. Deceased Ramesh Marathe was the pillion rider. At about 3 p. m. the alleged accident occurred at 8 kms. away on jalgaon-Shirsoli road while, respondent ramesh Patil had drinen the Scooter rashly and negligently and, when he was negotiating with the curve on the road, the Scoo