JUDGMENT

S.N. Variava, J.-Special leave granted.

Heard parties.

2. These Appeals arise out of a Judgment of the High Court of Madhya Pradesh dated 21st July 2003.

3. Briefly stated the facts are as follows.

4. On 26th August 2000, the Appellant along with certain other persons was travelling in his own Jeep. Around 6.30 A.M. the Jeep met with an accident. In the accident, the Appellant as well as the other passengers received injuries. A number of Claim Petitions came to be filed. The Appellant also filed a Claim Petition.

5. The Motor Accident Claims Tribunal (MACT) held the Driver of the Jeep responsible for the accident. In all the Claim Petitions filed by the other passengers MACT directed that the Appellant (as the owner) as well as the Driver and Insurance Company were liable to pay compensation. In these Appeals, we are not concerned with those Petitions and the Orders thereon.

6. In the Claim Petition filed by the Petitioner, the Motor Accident Claims Tribunal directed the driver and the Insurance Company to pay compensation to the Petitioner. The Insurance Company filed an Appeal. That Appeal has been allowed by the impugned Judgment. It has been held that as the Petitioner was