These two appeals were heard analogously as these appeals arise out of a common order by which the Tribunal disposed of two different proceedings under Section 166 of the Motor Vehicles Act arising out of the selfsame accident.

2. By the orders impugned, the Tribunal held that opponent No.1, the owner of the vehicle, was liable to pay Rs.85,100/- to the claimant as compensation in MACP No.108 of 2002 with proportionate costs and running interest at the rate of 9% p.a. from the date of claim-petition till realisation. In the other matter being MACP No.109 of 2002, the Tribunal below awarded compensation of Rs.28,000/- for the injury caused to the applicant.

3. However, the Tribunal below further held that in these cases it has been established from evidence on record that the victims were not carrying any goods owned by them while travelling in the goods' vehicle and that the driver of the vehicle had no valid licence. On such findings, the Tribunal further held that the Insurance company after making payment to the claimants will be free to recover the amount from the owner of the vehicle on filing regular suit.

4. Being dissatisfied, the Insurance Company has come up with the