M. F. SALDANHA, J.

( 1 ) THE three claims that are the subject matter of these appeals relate to an incident that occurred on 1. 10. 1986 at 2. 30 A. M. when a truck No. CAA 330 which was carrying stones capsized. Of the three coolies who were travelling in the vehicle, 2 died and 1 was injured giving raise to three claims being filed before the M. A. C. T. , Gulbarga. The case of the claimants was that respondent 1 who was the son of respondent 2 (owner of the truck) was driving the vehicle and that because of his rashness and negligence the accident occurred. It was also contended that respondent No. 3 namely National Insurance Co. was liable because the vehicle was insured by respondent No. 3. The respondents 1 and 2 filed a written statement in which they contended that respondent 1 was not driving the vehicle and that one Murugesh was in fact driving it. It is relevant to point out that respondents 1 and 2 though represented by a lawyer did not participate in the proceedings in so far as neither of them gave any evidence. I have recounted these details because they are of some consequences. As far as Respondent 3 is concerned, the usual plea was taken that the vehicle was not

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