Ramakrishna Pillai, J.

1. These appeals are before us as per two separate orders of reference by the Division Bench concerned before which, these appeals came up for consideration.

2. MACA No.2507 of 2010 is against the award passed by the Motor Accident Claims Tribunal, Perumbavoor in O.P (MV) No.73 of 2007. The appellant is the registered owner of the vehicle involved in a road traffic accident. Respondents 1 to 4 are the legal heirs of deceased Joseph, the victim. They preferred the claim petition before the Tribunal alleging that the deceased was knocked down by the vehicle owned by the appellant while the driver negligently backed up the vehicle. According to them, the accident occurred due to the negligence of the driver, the 5th respondent in the appeal. The offending vehicle involved in the accident was insured with the 6th respondent. The 6th respondent insurer raised a contention before the Tribunal that the insurer is entitled to take up the defence under Section 149(2)(a)(i)(c) of the Motor Vehicles Act as the validity of the certificate of fitness of the vehicle driven by the 5th respondent stood expired on the date of the accident. The said plea of the insura