( 1 ) THIS appeal is filed by the Insurance Company to challenge the judgment and award dated 7-3-1994 in MVC No. 365 of 1987 passed by the District Judge and MACT. Tumkur. In passing the same, the MACT had awarded a compensation of Rs. 58,400/- together with interest at 6% p. a. fastening the liability thereto both on the Insurance Company and also on the respondent 2-owner.

( 2 ) I heard the learned Counsel for the appellant-Insurance Company, Sri K. N. Srinivasa appearing along with Sri S. K. V. Chalapathy, the learned Counsel for the contesting respondent 1-Sri Ravi Shankar and the learned Counsel, Sri B. Aswathaiah appearing for the respondent 2-owner. I have also perused the case records.

( 3 ) THE learned Counsel for the appellant-Insurance Company had taken me through the facts of the case and also the impugned judgment and award under challenge. In his argument, Sri srinivasa submitted that despite there being no cogent and acceptable evidence adduced by the respondent 1-claimant before the MACT to show that he was getting into the bus and thus a third party, the MACT had fastened the liability both on the appellant-Insurance Company as well as on the respondent 2-owner.

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