1. Heard the learned advocate Mr. Vibhuti Nanavati for the appellant insurance company in these two appeals.

2. By filing these appeals, appellant has challenged award made by the M.A.C.T., Jamnagar in Claim Case Nos. 16 and 49 of 2007 dated 30.8.2008 wherein Claims Tribunal has awarded compensation of Rs.6,35,000 and Rs.7,02,000 respectively with 9 per cent interest thereon in favour of claimants for the accident which occurred on 30.12.2006 wherein two persons died, one Dosmohamad Jusabbhai Sodha and second Amad Dosmohamad Movar and third person received injury.

3. The learned advocate, Mr. Nanavati raised contention before this court that the driver of offending truck was not joined as a party in claim petitions filed by claimants. He submitted that driver is necessary party and because of negligence on the part of driver, vicariously, owner is becoming liable and the insurance company has to indemnify owner, therefore, according to him in absence of driver question of negligence cannot be examined by the Claims Tribunal. He submitted that specific application, Exh. 72, was preferred by appellant before the Claims Tribunal that the driver should be joined as a party to claim petit