JUDGMENT :

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (“the Act” for short) is filed by the original claimants as appellants challenging the judgement and award dated 20/09/2005, passed by the Motor Accident Claims Tribunal (Auxiliary), Bharuch Camp at Rajpipla in Motor Accident Claim Petition No.1014 of 1989, wherein claim petition filed by the original claimants came to be allowed in part and compensation of Rs.2,28,500/- was awarded with proportionate costs and interest at the rate of 6% per annum from the date of filing of the claim petition till realization. Tribunal further directed that original opponent Nos.5 & 6 i.e. owner and insurance company of Truck No.M.W.U-2328 are jointly and severally liable for the payment of compensation.

2. Brief facts, arising from the record, are as under: On 28/04/1989, Sanabhai @ Chhanabhai was travelling in Truck (dumper) bearing registration No.GTY-6833, which was driven by the driver, who is claimant in MACP No.587 of 1991. When Sanabhai was travelling in truck from Motvan and was going to the village Bhadarva, at