JUDGEMENT
S.S. Sharma, J. -
(1.)THIS judgment shall also govern the disposal of Miscellaneous Appeal No. 158 of 1974.
(2.)BOTH these Miscellaneous Appeals arise out of Claim Case No. 57 of 1972 wherein the First Additional Motor Accidents Claims Tribunal gave an award in favour of Respondent No. 1 Surajmal for Rs. 3,750/ - with interest @ 6% per annum from 25.4.1972. This award was against Appellant Amar Singh who is the owner of the truck No. M.P.C. 1175 and Respondent No. 2 Madanlal who was the driver of that truck at the relevant time. Surajmal's claim against Respondent No. 3, insurance company was dismissed.
Aggrieved by the award, Amar Singh has preferred this appeal (Misc. Appeal No. 129 of 1974). Claimant Surajmal also felt aggrieved by the award and he preferred Misc. Appeal No. 158 of 1974. Initially Surajmal had valued his appeal at Rs. 35,000/ - but later on by an amendment he reduced his claim in appeal to Rs. 18,000/ -only.
(3.)TRUCK No. M.P.C. 1175 owned by Amar Singh was insured with Respondent No. 3 insurance company. It was on 11.4.1972 at about 12.30 p.m. that the truck while coming from Mhow to Indore met with an accident on Sukhniwas Road. This truck had been engaged by one Saifuddin Kabadi for transporting goods from Mhow Roadways Depot to Indore.
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