JUDGMENT :

1. The present First Appeal is preferred by the insurance company against the judgement and award passed by the learned Motor Accident Claims Tribunal (Auxiliary), Vadodara dated 22nd February 2013 in the Motor Accident Claim Petition No.407 of 1993, by which the learned Tribunal awarded the compensation of Rs.4,74,200/- with interest at the rate of 7.5% per annum to the claimants from the date of the claim petition by holding the opponents Nos.1, 2 and 3 jointly and severally liable.

2. The brief facts of the case are that on 13th September 1992 at about 8:30 p.m., the deceased Ismailsha was going on a scooter bearing registration No.GCS 2612, belonging to the opponent No.2, as a pillion rider, for having work of the opponent No.2. The said scooter was being driven by opponent No.1 in rash and negligent manner and in excessive speed. As a result, the opponent No.1 has lost control over the scooter and went on wrong side and dashed with the truck. Therefore, the deceased Ismailsha, a pillion rider, flung away from the scooter and sustained lethal injuries. Thus, the accident took place on 13th September 1992 at about 8:30 p.m. on N.H. No.8 near Samrat Petrol Pump, due to r