ORAL JUDGMENT

1. The present First Appeal, under Section 173 of the Motor Vehicles Act, 1988 , is preferred by the appellant/s – original claimant/s – the parents being the legal heirs of the deceased / guardian – Rimaba Rajendrasinh Sarvaiya, being aggrieved and dissatisfied with the impugned common judgment and award dated 05.09.2019 passed by the Motor Accident Claims Tribunal (Aux.), Gondal in Motor Accident Claim Petition No.39 of 2013, by which the Tribunal has awarded compensation of Rs.3,72,400/- with 9% per annum interest to the claimant/s, holding Opponents No.1 to 3 i.e. driver, owner and insurance company of Dumper bearing registration No.GJ-3-AT-907 liable, jointly and severally.

2. Brief facts of the case are as under:

2.1 That on 20.03.2013 at about 6:45 p.m., minor deceased – Rimaba Rajendrasinh Sarvaiya was coming on her bicycle from classes and when she reached near Ashapura Cross Roads on Gondal-Rajkot National Highway and stationed in the second lane for crossing the road, at that time, the driver of the Dumper bearing registration No.GJ-3- AT-907 was driven his vehicle in rash and negligent manner, with full speed, in a manner to endanger to the human life, with