NATIONAL INSURANCE CO LTD Vs. MIRIBAI

JUDGEMENT

(1.) M.A. No. 68/2000 and M.A. No. 53/2000 are being disposed of by this common order as both these appeals arise out of the same accident.

(2.) THESE appeals have been directed by the National Insurance Company, Branch Jagdalpur, Distt. Bastar against the award dated 25-9-2000 passed by 3rd Additional Motor Accident Claims Tribunal, Bastar (Jagdalpur) in Claim Case No. 23/2000 (Miri v. Satnarayan Padhi and Ors.) and Claim Case No. 24/2000 (Pakli Bai and Anr. v. Satyanarayara Padhi and Ors.) preferred by the claimants under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act). The owner/claimants have not preferred any appeal nor any cross-objection has been filed.

(3.) THE owner of the truck (matador) pleaded that the said truck (matador) was hired by late Somaru Ram and, therefore, if at all, any liability is fastened, then it should be fastened on the Insurance Company.