( 1. ) THIS appeal is at the instance of Insurance Company in a proceedings under the Motor Vehicles Act, 1939 and is directed against an award dated 29th April 1991 passed by the Motor Accident Claims Tribunal [Aux] at Bhavnagar in MACP No. 164 of 1984 thereby disposing of the proceedings for compensation by awarding a sum of Rs.2,00,000/- with interest at 12% per annum from the date of petition till realization and holding that the Insurance Company, the owner of the offending vehicle and the driver thereof are jointly and severally liable to pay the amount. Being dissatisfied, the Insurance Company has come up with the present appeal.

( 2. ) MR. Tailor, the learned advocate appearing on behalf of the Insurance Company has raised a pure question of law in this appeal as to the liability of his client, the Insurance Company, to pay the amount when admittedly the victim was a pillion rider of the two-wheeler, a Hero Magestic Moped, which was involved in the accident. There is no dispute that in the case before us, no other vehicle was involved and according to the claimant, the accident occurred due to negligent driving on the part of the driver of the Moped on which the vi