(1.) THESE appeals arise out of a common judgement and award dated 30.07.2001 passed by Motor Accident Claims Tribunal (Auxi), Ahmedabad (Rural) in Motor Accident Claim Petition No. 1794 of 1990 and Motor Accident Claim Petition No. 428 of 1991.
(2.) FACTS may be noted at the outset:
(3.) FIRST Appeal No. 5267 of 2001 is also filed by the owner of the truck. In such appeal, he has challenged the award of the claims tribunal passed in M.A.C.P. No. 428 of 1991. In such appeal Mr. Shastri, the claimant, has filed Cross Objection No. 27 of 2009. Here also, Oriental Insurance Company, the insurer of the ambassador car, has preferred Cross Objection No. 26 of 2009 mainly on the question of negligence.