(1.) CIVIL First Appeal No. 71 of 1971 is filed jointly by the insurance company, the owner and driver of the truck, against the judgment and decree dated September 10, 1971, passed by the Third Additional District Judge, Indore, in Civil Suit No. 8b of 1969, whereby he has decreed the plaintiff-claimant's suit arising out of a motor accident, for Rs. 33,000 with proportionate costs, out of which the insurance company has been held liable to the tune of Rs. 20,000 only.
(2.) BEING aggrieved by that part of the judgment and decree whereby the learned trial court has not awarded any interest on the amount of compensation decreed, the plaintiff claimants have filed Civil Revision No. 151 of 1971. This judgment shall, therefore, govern the disposal of both these cases.
(3.) FACTS giving rise to this appeal may be stated in brief, thus : Truck No. MBK 5026 belonged to Nazir Mohammad who is now represented by his legal representatives. His son, Bashir Khan, was the driver of the said truck on the relevant day, i. e. , November 27, 1958, when the accident took place in which Ganesh Prasad died. The said truck was insured with the New India Insurance Co. Ltd.