( 1 ) COMPLETE ignorance of basic and elementary principle of law on the part of the Motor Accident Claims Tribunal (Main) Mehsana (hereinafter referred to as the Tribunal) has led to the filing of this appeal by the appellant insurance company with whom the motor vehicle involved in the accident was insured. And we are left with no alternative but to remand the matter to the Tribunal for fresh adjudication of the claim made by Respondent No. 1 original claimant for damages for injuries sustained by him in the accident.

( 2 ) CAN a tort-feasor who has been found to be guilty of causing accident for rash and negligent driving of a motor vehicle be awarded compensation for the injuries sustained by him as a result of the accident and can the insurance company be held liable to pay compensation to the driver of motor vehicle who is a tort-feasor without holding the insured or the owner of the motor vehicle liable for the compensation are some of the questions which arise for our consideration in the background of the following facts.

( 3 ) RESPONDENT No. 1 Jagatsinh Valsinh original claimant (hereinafter referred to as the claimant was employed as driver by Respondent