Judgment

OJHA, J.:- This appeal by special leave has been filed by the National Insurance Company Ltd., New Delhi, against a judgment of the Delhi High Court in an appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act).

2. Necessary facts may be stated herein in a nutshell. Shri Jugal Kishore, Respondent No. 1 was, on 15th June, 1969, driving a three-wheeler scooter when he met with an accident with bus No. DLP-3699, driven by Shri Rai Singh, Respondent No. 2 and owned by M/s. Delhi Janata Co-operative Transport Society Limited, Respondent No. 3. He sustained injuries consequent upon which he made a claim for compensation before the Motor Accident Claims Tribunal, Delhi against Respondents 2 and 3 and the appellant which was the insurer of the bus aforesaid. The claim of Respondent No. 1 was contested by the appellant and also by Respondent No. 3 but proceeded ex parte against Respondent No. 2. The Tribunal awarded compensation in the sum of Rs. 10,000/- recoverable jointly and severally from the appellant and Respondent No. 3. Aggrieved by the award of the Tribunal Respondent No. 1 preferred an appeal before the High Court of Delhi and assert