JUDGMENT :

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by appellant – insurance company (Original Opponent No.2), being aggrieved and dissatisfied with the judgment and award dated 31.07.2013 passed by the Motor Accident Claims Tribunal (Main), Narmada at Rajpipla in Motor Accident Claim Petition No.209 of 2010, by which the Tribunal has awarded Rs.4,17,500/- with 9% per annum interest to the claimants, by holding opponent Nos.1 and 2 i.e. owner and insurance company, jointly and severally.

2. Brief facts of the case are as under:

2.1 On 15.07.2017 at about 7:30 p.m., the deceased-Sharmilaben Gopalbhai Vasava was returning from Rajpipla to her home by travelling on motorcycle bearing registration No.GJ21-G-1458, as a pillion rider, at that time, when motorcycle reached near turning of Village Khuta Amba, a Truck came from the opposite side and dashed with the motorcycle even though motorcycle was stationary. As a result, the deceased-Sharmilaben Gopalbhai Vasava fallen down from the motorcycle and sustained grievous injuries and died on the spot. At the time of accident, deceased was aged about 35 years old and was earning Rs.40,000/- p.m.