( 1. ) IN this appeal under section 110-D of the Motor Vehicles Act, the appellant insurance company claims to be exonerated from the liability fastened on it for payment of compensation to the respondent No. 1 for injuries sustained by him on account of use of truck No. U. H. V. 0207 owned by the respondent No. 2 and at the relevant time driven by respondent No. 2s driver Ghanshyam (respondient No. 3 ).

( 2. ) AT this stage, it is not in dispute that the truck was owned by respondent No. 2. On 16-4-1984, it was in charge of respondent No. 3 who in the process of carrying coal in the truck to Allahabad, also took with him Ashok Kumar. On the way, the truck met with an accident as a result of which Ashok Kumar sustained fractures of tibia and febula bones of both the legs. After trial, the Accidents Claims Tribunal assessed Rs. 12,000/- as damages for the injuries sustained. In addition, Rs. 1,000/- have been awarded for pecuniary damages for amount spent on treatment and yet another amount of Rs. 1,000/- for mental and physical agony. As admittedly truck was insured with the appellant insurance company, it has also been made liable jointly with the owner and the driver of