D.M. Dharmadhikari, J.

1. This order, in appeal M.A. No. 204 of 1991 at the instance of New India Assurance Co. Ltd. under Section 110-D of the Motor Vehicles Act, 1939, against the award dated 30.4.1991 passed by Motor Accidents Claims Tribunal, Guna, in Claim Case No. 47 of 1989, shall also decide the appeal M.A. No. 166 of 1991 being an appeal preferred against the same award by Sunil Malhotra, the owner of the motor vehicle, held negligent and liable for the accident.

2. Facts in brief relevant for decision of these two appeals are: that the deceased Sayeed Khan was driving truck No. MBG 9036 being a duly employed driver by the owner of the said vehicle, Jalaluddin, respondent No. 8 herein. On 10.3.1989 the abovementioned truck while being driven by the deceased collided with the other truck No. MKH 7878 owned by Sunil Malhotra, respondent No. 5 (who is appellant in the connected appeal) and which was driven by Banshilal, respondent No. 6.

3. The Claims Tribunal on the basis of evidence on record held that the driver of truck No. MKH 7878, which was insured with respondent No. 7. National Insurance Co. Ltd., was solely negligent for the accident, in which Sayeed Khan lost