G.C.Bharuka, J.

1. This appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act), only by the owner of the vehicle against the award dated 12.3.1992 passed by the Accidents Claims Tribunal, Dhanbad, in Title (Motor Vehicle) Suit No. 58 of 1989.

2. The appellant is the owner of a truck bearing No. BRY 7343 which was insured with Oriental Insurance Co. Ltd. (respondent No. 2). The said vehicle met with an accident resulting in death of three persons including one Shiban Kumar Sarkar. The present case relates to the claim made by his widow, Runnu Sarkar (respondent No. 1). On appreciation of the evidence the court awarded a sum of Rs. 2,88,000.00 out of which the respondent insurance company was directed to pay Rs. 1,50,000.00 and the rest amount of Rs. 1,38,000.00 has been held to be the liability of the appellant. The Tribunal has not assigned any reason for making this apportionment.

3. Mr. Lal, learned Counsel appearing for the appellant, has assailed the aforesaid apportionment by asserting that under the facts and circumstances of the case, it was incumbent upon the Tribunal to fasten the entire liability on the insurance