( 1 ) THE respondent No. 1, Amarsing Pratapsing, aged about 24 (original claimant) filed a claim petition under the provisions of Sec. 110a of the Motor Vehicles Act, 1939 (mv Act" for short), and claimed compensation for an amount of Rs, 1,50,000 for the personal injuries sustained by him in a vehicular accident, which occurred, on 24-8-1980, against the respondent No. 2-original opponent No. 1 (driver), respondent No. 3 originalopponent no. 3 (owner) and the appellant-original opponent No. 3 (insurer) in respect of offending truck, G. T. K. 3393. They are hereinafter referred to as the original claimant and original opponents for the sake of convenience and brevity.

( 2 ) THE truck in question was proceeding from Bombay to Dabhoi at the relevant point of time and it was driven by original opponent No. 1- kanchanbhai Chhaganbhai, as driver of the owner, original opponent No. 2, pratapsing Lonasing, who is the father of the claimant. The truck was insured with original opponent No. 3. The said truck turned turtle near Borvad village in Pardi Taluka and it fell in a pit. The claimant who was travelling in hie said truck as relief driver at the relevant time had sustained se