JUDGMENT :

H.K. Rathod, J.

Heard learned Advocate Mr. Vibhuti Nanavati for appellant and learned Advocate Mr. Trivedi for respondents claimants.

2. By filing these appeals, appellant insurance company has challenged award made by claims tribunal, Gondal in claim petition no. 878 of 1989 and 879 of 1989 dated 29th March, 2001 Exh. 71. In claim petition No. 878/89, claims tribunal awarded Rs.77,700.00 and in claim petition no. 879/89, claims tribunal awarded Rs.30,500.00 with 9 per cent interest in favour of claimants, to be recovered from opponents no. 1, 2 and 5 and opponents no. 3 and 4 are not held liable to pay any compensation. Therefore, appellant insurance company is held liable to pay amount of compensation with 9 per cent interest and that has been objected by appellant insurance company by filing present appeals.

3. Learned Advocate Mr. Nanavati for appellant insurance company has raised contention that judgment of claims tribunal is directly bye-passing Supreme Court decision in Smt. Mallawwa v. Oriental Insurance Co. Ltd. 1994 ACJ 740 and 1981 ACJ 170 and 1999 ACJ 1 (SC). He further submitted that accident occurred on 24th March, 1986, therefore, rights of parties will be go