1. - This appeal is directed against the judgment and award dated 15.11.1995 passed by learned Motor Accident Claims Tribunal No. 2, Udaipur (hereinafter referred to as 'the Tribunal'), whereby the Tribunal awarded compensation of Rs. 3,60,000/- in favour of respondents No. 1 to 7, who were claimants before the Tribunal (hereinafter referred to as 'the claimants'). This appeal has been filed by New India Assurance Company Ltd. (hereinafter referred to as 'the insurance company') by joining the owner of the vehicle involved in the accident as appellant.

2. I have heard learned Counsel for the parties. Perused the judgment and award impugned and also the record of the Tribunal.

3. Learned Counsel for the claimants contended that a joint appeal by the insurance company joining the owner as appellant is not maintainable. The insurance company by jointly filing the appeal may not maintain it for a simple reason that appeal by the insurance company may stand on different footing than an appeal by the owner or the driver and, in the circumstance the cause of action for taking up the appeal in both cases may differ from each other inasmuch as the insurance company would contest its