( 1 ) THESE appeals are filed both by the insured as well as the insurer challenging the judgment and award passed by M. A. C. T. , Gulbarga, in M. V. C. Nos. 415, 444, 450, 452, 522, 527, 677 and 111 of 1997.

( 2 ) THIS court admitted the appeals and ordered interim stay. Matter was posted from time to time. On 5. 9. 2002, the matter was heard. The learned counsel for the respondents invites my attention to the latest judgment of the Apex Court with regard to maintainability of the appeal filed by the insured as well as the insurer. In these circumstances, counsel for the insurance company was asked as to whether he would like to delete any one of the appellants.

( 3 ) ON 17. 9. 2002 matter was listed for further hearing. On that date, learned counsel filed a memo stating therein that joint appeals are maintainable and occasion to delete the insurer would not arise and the appeals are to be heard and disposed of on merits. He also relied on several judgments.

( 4 ) LEARNED counsel for the respondents strongly relies on a recent judgment of the supreme Court in H. S. Ahammed Hussain v. Irfan Ahammed, 2002 ACJ 1559 (SC ).

( 5 ) IN the light of the objections with re