( 1 ) THESE are three appeals filed against the common order dated 31/3/1987, passed by the Motor Accident claim Tribunal ( Claim Tribunal), whereby, the appellant-Insurance Company, in first appeal No. 587 and 588 of 1990 i. e. original opponent No. 3 and the appellant in First appeal No. 1063/1987, original opponent NO. 2-owner of the vehicle, have been directed to pay an amount of Rs. 64,800/- together with interest at 12 % p. a. from the date of petition till payment of the amount and proportionate cost of the petition. Opponent No. 2 have been directed to pay an amount of rs. 14,800 and opponent No. 3 to pay an amount of Rs. 50,000/- with interest on the respective amounts.

( 2 ) THE learned Counsel appearing for the appellant in First Appeal No. 1063/1987-opponent NO. 2, basically contended, that in view of the Supreme Courts judgment in ( G. Govindan V. New India Assurance Co. Ltd and others) (AIR 1999 S. C. 1398) and (Rikhi Ram and another v. Smt. Sukhrania and others ) (AIR 2003 S. C. 1446) based on the provisions of sections 94, 95 and 103a of motor Vehicles Act (4 of 1939), the Apex Court has made it very clear that so far as, the liability of Insurance company is concer

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