JUDGMENT :

Mauna M. Bhatt, J.

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (“the Act” for short) is filed by the Insurance Company as appellant challenging the judgement and award dated 30/08/2018, passed by the Motor Accident Claims Tribunal, (Auxi.), 3rd Additional District Judge, Bharuch in MACP No.691 of 2013, wherein the Tribunal held involvement of Maruti Esteem car in the accident and consequently held the insurance company liable for payment of compensation of Rs.25,86,820/-, with interest @ rate of 9% per annum and proportionate costs. Whereas, cross-Objection No.186 of 2022 is filed by the original claimants, under Order XLI, Rule 22 of the Code of Civil Procedure seeking enhancement of compensation.

As both these, first appeal and cross-objection are arising out of the common judgement and award dated 30/08/2018, with the consent of the learned advocates appearing for the parties, they are heard and decided together by this common judgement.

2. Short facts, arising from the record, are as under:

2.1. This is second round of litigation. The accident too