JUDGMENT :

V.P. Patel, J.

1. The appellant-original opponent No. 6-Shriram General Insurance Co. Ltd. has preferred the First Appeal No. 566 of 2018 and the appellant - Opponent No. 3-Reliance General Insurance Company Ltd. has preferred the First Appeal No. 644 of 2018 under Section 173 of the Motor Vehicle Act, 1988 (for short "the M.V. Act"), being aggrieved and dissatisfied by the judgment and award dated 17.11.2017 passed by Learned M.A.C. Tribunal (Aux.) & 4th (Ad-hoc) Addl. District Judge, Gir-Somnath at Veraval in M.A.C.P. No. 92 of 2012.

2. Heard Mr. Rathin P. Raval, learned advocate for the Shriram General Insurance Co. Ltd.; Mr. Y.J. Patel, learned advocate for the original claimants; Mr. Vibhuti Nanavati, learned advocate for the Reliance General Insurance Company. Though served, driver and owner of truck have not entered appearance. Driver and owner of Jeep are unserved as refused the process.

3. The facts are drawn from First Appeal No. 566 of 2018 which is as under:-

3.1 It is case of the appellant that on 28.5.2012, deceased Bhagwanbhai along with other persons was going towards Naliya by travelling in vehicle Jeep (Tufun) No. GJ-12T-1862. When they reached near the acci