JUDGMENT :

1. The appellants/original respondent no.2-Insurer approaches this Court under section 173 of the Motor Vehicles Act, thereby impugning the common judgment dated 5th July, 2003 in MACP No.261 of 1996, 51 of 1997 and 336 of 1997. (For the sake of brevity, Parties hereinafter are referred to as per their original status).

2. Respondents no.1/original claimants in respective claim petitions had approached the Tribunal under section 166 of the Motor Vehicles Act, 1988 thereby raising claim for compensation towards injuries suffered in motor vehicular accident dated 23.10.1996. The claimants contend that, on the fateful day, they were traveling in a Matador bearing registration No.MH-22/355 from village Charthana to village Waghi for attending the Bazar. Driver of Matador lost his control over the vehicle. Resultantly, it toppled in the vicinity of village Pimpri (khurd). The claimants who were occupying seat in the matador suffered severe injuries. According to the claimants, driver of the Matador was negligent. The offending Matador was owned by respondent no.1. It was driven by respondent no.2 (Now deleted) and insured with respondent no.3 (present appellant). As such, respo