(1.) THE division ing questions of law to the full bench for bench, which was hearing the present first its opinion: appeal on merits, has referred the follow-
(2.) THE present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (in short 'the new act') against a judgment and award dated 20. 10. 1992 passed by the motor accidents claims tribunal, Bangalore rural district in m. v. c. No. 1111 of 1988 awarding a compensation of Rs. 35,000 to the appellant with interest at the rate of 6 per cent per annum from the date of petition till the date of deposit with costs. Out of the said sum, respondent No. 1, syed munned ahamed, being the owner of the lorry No. Med 7457 (hereinafter the 'first lorry') has been held liable to pay 70 per cent and respondent No. 3, r. Rangappa naik and respondent No. 4, new India assurance co. Ltd. , respectively being the owner and the insurer of lorry bearing No. Caa 2978 (hereinafter the 'second lorry') have been held liable to pay 30 per cent jointly and severally. It may be relevant to specifically notice here that respondent No. 2, united India insurance co. Ltd. , has been absolved of its liability as insurer of the first lorry in which the appellant and two other injured persons were travelling on the ground that they were gratuitous passengers.
(3.) I will proceed to answer the question of law referred to me on the basis of the facts found and the respective liabilities determined by the tribunal, leaving it open for the division bench to examine the validity thereof on merits.
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