MA No.5/2007:

Mr. Baldev Singh, Advocate

Learned counsel for the appellant submits that in view of change in law, he does not want to press this appeal. The appeal is accordingly dismissed as non pressed.

CCROS No.5/2007:

Mr. R K Bhatia, Advocate.

Mr. Baldev Singh, Advocate for R-3.

1. Notice to other respondents, however, was not issued by this Court in view of fact that the insurance company is the necessary party in these cross objections and the cross-objections can be considered in the absence of other respondents.

2. Having heard learned counsel for the parties and perused the record, I am of the considered opinion that award passed by Motor Accidents Claims Tribunal, Jammu (hereinafter referred to as “the Tribunal”) dated 30.09.2006 impugned in these cross objections deserves to be modified. The learned counsel for the respondent-Insurance Company has taken a preliminary objection to the maintainability of these cross objections. Mr. Baldev Singh, the learned counsel would submit that since the main appeal, in which thes