T. Sathiadev, J.

1. First of the two appeals is preferred by third respondent-Insurance Company in M.A.C.O.P. No. 75 of 1980 on the file of Motor Accident Claims Tribunal, Madurai. Petitioner and respondents 1 and 2 are the three respondents in the said appeal. C.M.A. No. 782 of 1981 is preferred by second respondent before the Tribunal, impleading other parties as respondents in the appeal.

2. As common arguments have been advanced in both the appeals, they are dealt with together and ranking of parties is referred to as before the Tribunal.

3. Petitioner filed a petition under Section 110-A of the Motor Vehicles Act claiming compensation for damages caused to his goods at about 10.30 p.m. on 5.7.1979 at a time when his goods were carried in second respondent's lorry bearing registration No. MSL. 771. He had booked a consignment of 42 borals of M.C.U.5 cotton worth Rs. 70,000 on 5.7.1979 from Jayam Ginning Factory at Then by the second respondent's lorry to be carried to Rajapalayam. Freight was to be paid at the destination. The lorry was driven by second respondent's driver, who has been in pleaded as first respondent. It left Theni at 7 p.m. and due to the rash and neglige