1. Challenge in this appeal under S.173 of the Motor Vehicles Act, 1988 is to the judgment and award dated 23.9.2010 passed by the learned Motor Accidents Claims Tribunal (Aux II) Additional District Judge, Mahesana in Motor Accident Claim Petition No. 553 of 2008, whereby the learned Tribunal has partly allowed the claim petition.

2. Heard Ms. Kirti S. Pathak, learned advocate for the appellant, Mr. Parth Tolia, learned advocate for respondent Nos. 1 and 2, and learned advocate Mr. Vibhuti Nanavati for respondent No. 5.

3. Brief facts narrated in the present first appeal are as under:
3.1 The original claimants are the parents of deceased - Ashutosh Babulal Raval. On 1.6.2008, the deceased - Ashutosh Babulal Raval was coming back to Sidhpur from village Varana by driving motor cycle bearing registration No. GJ - 24 - D - 6396 owned by claimant No. 1 - Babulal Khodidas Rawal (father of deceased). Deceased was heading slowly and on the left side of the road towards Harij, via Varana to Sami. When he reached near village Zilwana Patiya, on Radhanpur - Mahesana State Highway, opponent No. 1 driving Scorpio bearing registration No. GJ - 12 - J - 1438, owned by opponent No. 2 came from the opposite direction with full speed and in a rash and negligent manner endangering life and safety of others and collided with motor cycle. Resultantly, Ashutosh Babulal Raval sustained serious injuries and was taken to Harij Government Hospital, but due to serious injuries sustained he was shifted to Janta Hospital, Patan where he succumbed to the same.
3.2 The respondents - original claimants being legal heirs of deceased - Ashutosh Babulal Raval filed Motor Accident Claim Petition No. 553 of 2008 under S.166 of Motor Vehicles Act, 1988 for a compensation of Rs.20,00,000 before the learned Motor Accidents Claims Tribunal (Aux II), Additional District Judge, Mahesana.
3.3 Notices were served to the opponents. Opponent No. 1 - driver of the car though duly served neither remained present nor filed written statement. Opponent No. 2 - owner of car appeared and filed written statement at Exh. 22. Opponent No. 3 - insurance company of car (New India Assurance Co. Ltd.) appeared and filed written statement at Exh. 16. Opponent No. 4 - insurance company of motor cycle (Iffco - Tokio General Ins. Co. Ltd.) appeared and filed written statement at Exh. 52.
3.4 Issues were framed at Exh. 19. Claimant No. 1 - Babulal Khodidas Rawal (father of deceased) deposed at Exh. 25. F.I.R., spot panchnama and post - mortem report have been produced by claimants at Exh. 29, 30 and 39 respectively.
3.5 After considering oral as well as documentary evidence and material placed on record, learned Tribunal vide its judgment and award dated 23.9.2010 partly allowed the claim petition of claimants holding both driver equally rash and negligent and held opponent Nos. 1, 2 and 3 - driver, owner and insurance company of car jointly and severally liable to the extent of 50 per cent and opponent No. 4 - insurance company of motor cycle to the extent of 50 per cent to pay the awarded compensation of Rs.7,23,300 (rounded off to Rs.7,23,272) with interest at the rate of 7.5 per cent to claimants proportionate to their liability from the date of claim petition till realization.
3.6 Being aggrieved and dissatisfied with the judgment and award, the appellant insurance company of motor cycle (Iffco - Tokio General Ins. Co. Ltd.) has filed present appeal on the ground of fastening liability to the extent of 50 per cent to pay awarded compensation. Insurance company of car has not filed any appeal against the judgment and award.

4. Learned advocate for the appellant submitted that, on 1.6.2008, deceased - Asuthosh Babulal Raval was riding a motor cycle bearing registration No. GJ - 24D - 6396 which was owned by his father and was heading from Varana towards Sidhpur. While proceeding towards Harij, near the signboard of village Zilwana, opponent No. 1 drove a Scorpio bearing registration No. GJ