( 1 ) THESE appeals arise from the common judgement and award dated 27th March 1991 passed by Motor Accident Claims Tribunal [main], Ahmedabad in M. A. C. Petition Nos. 237 of 1983 and 238 of 1983, holding the appellant original respondent No. 3 - National Insurance Co. Ltd. liable to pay Rs. 1,62,025=00 together with costs and interest thereon at the rate of 12% per annum from the date of the petition to the claimant of M. A. C. Petition No. 237 of 1983, and to pay Rs. 31,150=00 together with costs and interest at the rate of 12% per annum from the date of the petition to the claimant of M. A. C. Petition No. 238 of 1983.

( 2 ) THE accident occurred on 22nd May 1983, at about 8. 15 p. m. , in front of the entrance gate of the Navrangpura post office on a footpath, when the respondent No. 1 - claimant and his wife Ushaben were standing near the footpath with their daughters Daksha and Ami. At that time, one ambassador car bearing registration No. GJD 5856 came at a great speed, driven negligently and dashed against a moped, sugarcane machine and struck against the claimant and his daughter Daksha, and also damaged the compound wall of a nearby bungalow of one Sharadbhai. The respondent No. 1 - claimant was admitted in the V. S. Hospital (in the Neuro Surgical Ward), and treated for fracture of ribs and was ultimately discharged on 30-5-1983. Thereafter, he had undergone private medical treatment. According to this claimant, he suffered 40 to 50 per cent permanent disability. A claim of Rs. 2,00,000=00 was made for the permanent disability, Rs. 70,000=00 for pain, shock and suffering, Rs. 10,500=00 for actual loss of earnings for the period from 22-5-1983 to 6-9-1983, Rs. 5,000=00 for transportation charges, Rs. 2,000=00 for nutritious diet and Rs. 7,900=00 for medicines etc. i. e. in all Rs. 3,00,000=00 by way of compensation under all heads. 2. 1 in the other case, the claimant put up a claim of Rs. 1,50,000=00 by way of compensation under various heads, which included Rs. 30,000=00 under the head pain, shock and suffering.

( 3 ) THE motor vehicle originally belonged to the respondent No. 1 and was insured by the respondent No. 1 with the appellant - original respondent No. 3 - National Insurance Co. Ltd. and also with the respondent No. 4 The New India Insurance Co. Ltd. on 29-4-1983 after it was transferred to the deceased respondent No. 5 - Swami Narayandasji on 27-4-1983. 3. 1 the respondent No. 1 in its written statement exh. 15 denied liability contending that on the date of the accident, the motor car did not belong to them and that, it was not in their control or use since it was sold away on 27-4-1983 by the respondent No. 1 to the respondent No. 5. The claim was disputed in both the cases by the respondent No. 1. 3. 2 the appellant - National Insurance Co. Ltd. in its written exh. 25 contended that the vehicle was insured with it for the period from 29-4-1983 to 28-4-1984 and the respondent No. 1 was the insured who had taken a plea that the vehicle was sold away by him to the respondent No. 5 prior to the commencement of the policy when the possession of the car was delivered to the respondent No. 5 and therefore, the respondent No. had no insurable interest and therefore, the policy was void ab initio. It was further contended that the policy was void on the ground of misrepresentation and non-disclosure of material facts by respondent No. 1 who declared himself falsely as the owner of the vehicle and did not disclose the transfer of the vehicle when the policy was obtained by him. It was also contended that the original policy of insurance was transferred to the name of the respondent No. 5 on 9-11-1983, and at that time, none of the parties to the transaction disclosed to the appellant - insurance company that the accident had taken place on 22nd May 1983. It was therefore contended by the appellant - insurance company that the policy as well as transfer were void ab initio and the appellant