JUDGMENT :

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by appellant-New India Assurance Co. Ltd. (Original Opponent No.3), being aggrieved and dissatisfied with the judgment and award dated 17.08.2013 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara in Motor Accident Claim Petition No.775 of 2007, by which the Tribunal has awarded Rs.4,20,000/- with 7.5% per annum interest to the claimant, by holding Opponent Nos.1 to 3 liable, jointly and severally.

2. Brief facts of the case are as under:

2.1 On 06.05.2006 at about 2.45 p.m., the claimant was travelling in Truck bearing registration No.GJ-7-X-986 as a labourer for loading and unloading of sand and was proceeding towards Vadodara. The said Truck was driven by opponent No.1-Siraz Fatehsinh Mansoori in rash and negligent manner in excessive speed. While the Truck was passing through Kishan Nagar Bus Stand near village Kelanpur. At that point of time, one of the tyres of the Truck burst and therefore, Opponent No.1 lost his control over the vehicle and collided with tree and turned turtle. Due to that the claimant sustained severe injuries. As the accident occurred due to rash an