( 1 ) THIS appeal by the insurer, united India insurance company limited, is filed against the judgment and award dated 8 august, 1990 of the m. a. c. t. ii, Bangalore rural district, made in m. v. c. No. 342 of 1987 disposed of on its file holding the appellant also liable to pay the compensation of Rs. 46,000/- to respondent 1-claimant jointly and severally with respondent 2, owner of the offending car bearing registration No. Kln 1176.

( 2 ) THE arguments of learned counsel on both sides are heard.

( 3 ) RESPONDENT 1 (hereinafter referred to as 'the claimant') filed his petition under Section 110-a of the motor vehicle Act, 1939 ('the act' for short) before the tribunal claiming compensation of Rs. 1,00,000/- on account of the injuries suffered by him in the accident occurred on 25-2-1987 on mysore- Bangalore road due to negligent driving of the said car bearing registration No. Kln 1176 by its driver, in which car he was travelling as a passenger. Appellant was made respondent 1 in the petition as insurer of the said car. Respondent 2 herein was made respondent 2 in the petition and the driver of the said car was impleaded as respondent 3 therein. Appellant and