( 1 ) THIS order shall also govern the disposal of Misc. Appeal No. 28/84 (United India Insurance Co. v. The Manager Adim Jati Seva Sahakari Samiti and others ).

( 2 ) THIS appeal has been filed by the owner of the truck bearing registration No. MTS-6911 against the Award dated 5-10-1983 passed in Claim Case No. 20 of 1982, whereby the learned Tribunal has awarded Rs. 15,235. 33 p. as compensation together with interest for loss of 125 bags of fertilizer which were completely damaged as a result of overturning of the truck due to rash and negligent driving by its driver.

( 3 ) IT is not disputed that on 23-11-1981 two hundred bags of chemical fertilizer were being carried for the owner-consignee of the goods viz. , the claimant-respondent-Cooperative Society from Sendhwa to Pansemal and that the truck carrying the goods turned turtle near Bamaniya Nala due to rash and negligent driving of the truck, as has been held by the learned Tribunal. It is also not disputed at this stage that 125 bags of urea costing Rs. 15,235. 33 were destroyed having fallen in the Nala as a result of the accident. The owner of the truck in question was insured with the Insurance Company-res