( 1 ) SINCE both these appeals as well as the civil applications involve common question of law about maintainability of the appeals filed by the Insurance Company under Section 173 read with Sections 149 and 170 of the Motor Vehicles Act, 1988, which preliminary contention is raised in the above numbered civil applications, the appeals as well as the civil applications are heard together and are being decided by this common order.

( 2 ) A motor vehicle accident took place on 9. 6. 1992 involving a tanker and a Maruti car resulting into the death of Jayantibhai, a passenger in the car, and injuries to Sanjay Ramanlal, driver of the car. The widow and minor children of Jayantibhai filed MACP No. 911 of 1992 under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") claiming compensation to the tune of Rs. 50 lacs. Sanjay Ramanbhai- driver of the car filed MACP No. 1055 of 1992 under the same provision claiming compensation of Rs. 3 lacs. Both the claim petitions were filed only against the driver, owner and Insurance Company of the tanker. The driver and owner of the tanker, though served, did not appear before the Tribunal but the Insuran