1. The present first appeal under S.173 of Motor Vehicles Act, 1988, is preferred by the appellant insurance company, being aggrieved and dissatisfied with the judgment and award dated 26.3.2024 passed by the Motor Accidents Claims Tribunal (Aux.), Surat in Motor Accident Claim Petition No. 248 of 2011, by which the Tribunal has awarded compensation of Rs.2,82,973 with 9 per cent per annum interest to the claimant, holding the opponents, i.e., driver, owner and insurance company of Maruti van No. GJ - 21-4426, liable jointly and severally.

2. Brief facts of the case are as under.

2.1 That on 23.8.2009 at about 10.30 p.m., when the claimant was going from Gangadhara to Surat along with her brother, as a pillion rider, on motor cycle bearing registration No. GJ - 5 - FJ - 3215 and when they reached at the place of incident, railway crossing was closed and therefore, her brother had parked the motor cycle on the side of the road and at that time, Maruti van bearing registration No. GJ - 21-4426 driven by opponent No. 1, came in rash and negligent manner and dashed with the motor cycle from behind. Due to that, the claimant sustained serious and multiple injuries. Therefore, the claimant