JUDGMENT :

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 14.08.2012 passed by the Motor Accident Claims Tribunal (Main), Panchmahals at Godhra, in Motor Accident Claim Petition No. 303 of 2007, by which, the claim petition of the claimant is partly allowed by the Tribunal, directing the opponents i.e. driver, owner and insurance company to pay the compensation of Rs.2,22,000/- with 9% interest per annum, to the claimants, jointly and severally.

2. Brief facts of the present case are that, on 02.01.2006, deceased – Ramabhai was going as pedestrian on left side of the road, at the relevant time, one motorcycle bearing registration No.GJ-6-BH-855 came in rash and negligent manner, in endangering the human life and dashed with the deceased. As a result, the deceased has received serious injuries and ultimately, he succumbed to the injuries. The claimants i.e. two sons and widow have filed a claim petition before the Tribunal claiming compensation of Rs.3 lakhs. The notices issued by the Tribunal were served to the opponents i.e. driver, owner and insurance company. Only insurance com