D.S.TEWATIA, J.

1. This first appeal of the owner of the truck against the order of the Motor Accident Claims Tribunal, in the very first instance, was admitted to D. B. One of the questions on the facts of this case that arose for consideration was as to whether when a hirer of a motor-truck travelling on the same in order to guard his goods sustains injuries or dies in an accident, does the insurer i.e. insurance company would be liable to indemnify the insured that is the owner of the offending vehicle to pay damages. The Tribunal in view of the Full Bench decision of this Court in Oriental Fire and General Insurance Co. Ltd. V/s. Gurdev Kaur 1967 Acc CJ 158 : (AIR 1967 Punjab 486) held that the insurance company was not liable to indemnify the owner of the offending truck in regard to such third party risk. When the matter came up for hearing before the Division Bench, the counsel for the appellant canvassed that the Full Bench, in fact, dealt with the second aspect of proviso (ii) of Cl.(b) of sub-sec.(1) of S.95 of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) and did not specifically dealt with the first limb of the said provisions and that the Fu