JUDGMENT :

SANDEEP N. BHATT, J.

1. The present First Appeal is filed under Section 173 of the Motor Vehicles Act, being aggrieved by and dissatisfied with the judgment and award dated 27.04.2010 passed by the Motor Accident Claims Tribunal (Aux.), Amreli, in Motor Accident Claim Petition No. 328 of 2005, by which, the claim petition of the claimant is partly allowed by the Tribunal, directing the opponents i.e. owner of rickshaw, owner of indica car and insurance company of indica car to pay the compensation of Rs. 1,15,460/- with 7.5% interest per annum, to the claimant, jointly and severally, whereas the insurance company of rickshaw has been exonerated.

2. Brief facts of the present case are that, on 20.06.2005 at about 16:30 hours, the claimant was travelling in rickshaw bearing Registration No. GJ-04-T-6329, along with other passengers, and was going from village: Derdi to village: Kariyana of Babra Taluka. When the said rickashw reached in between village: Galkotdi to Babra near by turning situated nearby water tank, at that time, one Indica car bearing Registration No. MH-12-0898 came from the opposite direction in rash and negligent manner and in excessive speed and dashed wit