This appeal has been filed by the owner of the truck bearing registration No. ASG 2137 which was involved in the accident. The appeal has been filed against the claimant (respondent No. l) and the Insurance Company (respondent No. 2).

2. The claim petition was filed by the mother of deceased Nani Gopal Ghosh who was aged 23 years on the date of accident i.e. 28.12.84 at Bilasipara. The deceased was a Handyman of the truck. The truck was return­ing with loaded jute to the house of the owner in the evening and while it was about to enter into the godown, the accident took place as a result of which the deceased died.

3. The learned Motor Accident Claims Tribunal, Dhubri in Case No. MAC 10 of 1985 by the impugned award dated 25.1.88 awarded a sum of Rs. 15,000/- to be paid by the owner of the vehicle namely the present appellant. The learned Tribunal also awarded interest @ 10%. The owner of vehicle has filed the present appeal as he was made liable and not the Insurance Company for the claim. The claimant has also filed a counter objection. The original claim before the learned Tribunal was Rs. 75.000/-. The present dispute is mainly between the Insurance Company and t