1. This first appeal is directed against the award dt. 29-3-1986 made by the learned Motor Accidents Claims Tribunal, Kurukshetra (for short the Tribunal ) and has been filed by Labh Singh - one of the owners of the offending vehicle. One of the grievances made in the appeal is that the learned Tribunal wrongly absolved the National Insurance Company, respondent 4 (for short the Insurance Company ) of its liability. When the appeal came up for motion hearing before the Division Bench, notice was issued to the Insurance Company alone which means that as against Smt. Sunehri Devi and Jai Bhagwan, claimant-respondents 1 and 2 the appeal was dismissed. Roshan Lal respondent No. 3 was the driver and also a co-owner of the offending vehicle. He filed cross-objection No. 89-CII of 1986. Notice of the same was issued to the claimants and these were directed to come up with the main appeal. So, this judgement shall dispose of the appeal as also the cross-objections mentioned above.

2. At the outset it may be mentioned that Shri P.S. Chauhan, counsel for respondent 3, who is also counsel for the appellant, contended that since notice of the cross-objections was issued to the claimant