( 1 ) IN this appeal, the appellant United India Insurance Co. Ltd. , original opponent no. 3 has challenged the impugned judgment and award dated 24th April, 2001 passed by the learned Motor Accidentclaims Tribunal (Auxiliary), Ahmedabad in Motor Accident Claims Petition No. 338 of 1995 filed by the respondents-claimants, legal heirs of deceased Jayantilal Khatri who died in a vehicular accident which took place on 4. 3. 1995. By the impugned award, the learned Tribunal has partly allowed the claim petition of the claimants and held that the opponentnos. 1, 2 and 3, i. e. driver, owner and insurance company were jointly and severally held liable to pay the amount of Rs. 2,23,000/- against claim of Rs. 2,50,000. 00 towards compensation with interest at the rate of 9% per annum from the date of claim petition till its realisation with costs.

( 2 ) ON the fateful day of 4/03/1995, the deceased Jayantilal Khatri who was going on his bicycle in the early morning hours at 6. 00 a. m. , from Kalupur station to Prem Darwaja to distribute and sell newspapers to his regular customers, at that time the opponent no. 1 driver of truck no. GQA 7284 which was owned by opponent n