(Deepak Gupta, J.) - These two appeals are being disposed of by a common judgment since they arise out of one Award passed by the learned Motor Accident Claims Tribunal (II) Shimla on 20.4.2005 in MAC Petition No. 17-S/2 of 2001.

2.Maghi Ram, hereinafter referred to as the claimant, was travelling in a truck No. HP-07-4227 owned by Shri Hari Gopal, hereinafter referred to as the owner on May, 3, 2000. The truck met with an accident. The claimant filed a claim petition in which he alleged that the accident had occurred due to the rash and negligent driving of the driver. According to the claimant he sustained multiple grievous injuries including fracture of left femur and left wrist. He also alleged that he had hired the truck for bringing empty apple wooden crates from Kalka.

3.The owner and driver admitted the accident but denied that the same had occurred due to the rash and negligent driving of the truck driver. The owner and driver of the truck who had filed a joint written statement denied the allegation that the truck had been hired by the claimant. The National Insurance Company with which the vehicle was insured amongst other pleas also raised a plea that t