Since common questions of fact and law arise in these two proceedings, they are being disposed of by a common order.

2. CMA No. 2580 of 2004 arises out of a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short - 'the Act'), by the mother of Kesari Ganesh (the 7 deceased), aged about 1 V2 years, in connection with the death of the deceased on 29-04-2002 at 7.45 p.m. due to the rash and negligent driving of the driver of a bus belonging to the appellant and insured with the National Insurance Company (insurer) and hired to the Andhra Pradesh State Road Transport Corporation (APSRTC), during the subsistence of lease to APSRTC. Appellant and the driver of the bus chose to remain ex parle before the Tribunal. Both the insurer and the APSRTC filed counters inter alia contending that they are not liable to pay the compensation payable to the claimant.

In support of her case, the claimant examined herself as P.W.1 and another witness as P.W. 2 and marked Exs.A-1 to A-4. The insurer did not adduce any oral evidence but marked a copy of the policy issued by it as Ex. B-1. No evidence either oral or documentary was adduced by the APSRTC. The Tribunal held that