PASAYAT, J.

( 1 ) ON a reference being made by a learned single Judge, these appeals have been placed before a Division Bench to clarify as to who is a "third party" within the meaning of S. 95 of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act' ).

( 2 ) THE appeals before the learned single Judge are directed against the awards given by the Second Motor Accidents Claims Tribunal, Cuttack (in short 'the Tribunal' ). Facts of the case as found by the Tribunal are as follows : on 16-6-1980, a delivery van bearing registration No. OSC 8024 was moving towards Cuttack from Athgarh carrying goods and some passengers. On the way near Dihasahi Kadamba bridge, the vehicle met with an accident while the driver was trying to overtake a bus bearing registration No. ORD 2957. It went off the road on the right side of the road, knocked down a pedestrian named Dhabaleswar Panda and capsised. The vehicle belonged to one Jibanananda Mohanty (hereinafter referred to as 'the insured') and was insured with the Oriental Fire and General Insurance Company Limited (hereinafter referred to as 'the insurer' ). The bus belonged to the Orissa State Road Transport Corporation (hereinafter r