JUDGMENT :

1. This First Appeal is filed by the appellant – Insurance Company under Section 173 read with 163 A of the Motor Vehicle Act, 1988 challenging the judgment and award dated 16.03.2018 passed by the Motor Accident Claims Tribunal (Main), Dahod in M.A.C.P. No.816 of 2008, by which the Tribunal awarded compensation of Rs.2,44,508/- with interest @ 9% per annum from the date of filing of claim petition holding appellant and respondent no.10 jointly and severally liable.

2. It is the case of that on 09.10.2008, deceased Dilipsinh Sardarsinh Bhuria having borrowed motorcycle of respondent no.10, was driving the said motorcycle on 09.10.2008 and met with an accident as the said Motorcycle ran over a stone whereby it got slipped and the deceased sustained injuries and died.

3. The claimants, being heirs and legal representatives of the said deceased, filed claim petition under Section 163 (A) of the Motor Vehicles Act,1988 for seeking compensation of Rs.7,50,000/- against owner - opponent no.1 and Insurance Company – opponent no.2.

4. Learned advocate for the appellant has submitted that the deceased borrowed the vehicle – Motorcycle of the respondent no.10 – owner of the vehicle an