JUDGMENT :

R.M. CHHAYA, J.

1. The present appeal arises out of the common judgment and award dated 22.01.1997 passed by the Motor Accident Claims Tribunal (Main), Surendranagar (the Tribunal) in M.A.C.P. Nos. 340/93, 380/93 and allied matters. The present appeal relates to claimant of M.A.C.P. No. 340/93, wherein the Tribunal has awarded Rs. 14,92,684/- holding the present appellants and respondent No. 2, the insurance company, jointly and severally liable, along with interest @ 12% from the date of the application till realization.

2. The facts arising out of the present appeal are that the claimant, a surgeon by profession, was owner of an ambassador car bearing Registration No. GAY-9044. The claimant had gone for pilgrimage to Shree Nathdwara and was returning back at about 1.00 a.m. on 06.12.1992. The claimant was driving his vehicle on Ahmedabad-Rajkot Highway and was proceeding towards Rajkot. It is the case of the claimant that he was accompanied by his friend-Shri Haribhai Khimjibhai Kothari, who was sitting on the front seat of the car along with the claimant, and wife of the claimant, Dr. Smitaben Arvindkumar Mehta, his son Niral Arvindkumar Mehta and wife of Shri Haribhai K