S.S.SANDHAWALIA, J.

1. Whether the insurer can still be held liable under S.96 of the M.V. Act, 1939, when the insured has himself been exonerated of such liability is the pristinely legal question which falls for determination before this Full Bench. Equally at issue in this context is the direct discordance of views in the two Division Bench judgements of this Court in Alwar Motor Association (P.) Ltd., Alwar V/s. Hazari Lal, (1964) 66 Pun LR 804 and New India Assurance Co. Ltd., New Delhl V/s. Norati Devi, AIR 1978 Punj and Har 113.

2. The facts, though brief disclose a long delay which sometimes occurs even in the urgent compensation cases of claims by victims of motor vehicle accidents. Way back on the 4th of Dec. 1970, Gurmel Singh deceased the son of Bachan Singh respondent was fatally run over by truck No. HRK 6664. An application for compensation on behalf of the dependents of the deceased was preferred against Prabh Dayal, the driver of the truck, Dai Ram the alleged owner thereof, and the Oriental Fire and General Insurance Company Ltd., who were the insurers of the offending vehicle. The case of the claimants rested on the ground that the truck was being rashly