G.M.LODHA, J. - (1.) THESE are two Misc Appeals: one by Sukhram being S.B. Civil Misc Appeal No. 16 of 1977 and the second one by National Insurance Company being S.B. Civil Misc. Appeal No. 15 of 1977 against the claimant Taru arising out of the judgment of the Motor Accidents Claims Tribunal, Jodhpur, dated 5 -11 76.
(2.) RESPONDENT Taru made a claim of Rs. 15,000/ - against the appellants before the Motor Accidents Claims Tribunal, Jodhpur, on 5 -11 -73 on the allegation that on 5 -5 -73, at about 12 30 p.m, there was an accident on the Nagaur -Mandore road near the agricultural farm. In this accident, truck No. RSQ, 3217 being full of calcium stones (Choona), hit Taru and Taru sustained injuries. The injuries are said to have been caused by the truck in his right leg. The appellant Sukhram's case was that the vehicle was being driven by Dhannaram driver and not by him. A written -statement was filed by Sukhram on 12 -7 -74 and the Insurance Company filed a written statement on 28 -2 -75. Adjournment was obtained by the Insurance Company for filing a written statement on 27 -9 -74, 1 -11 -74 and 14 -12 -74. The ease was adjourued again on 21 -1 -75 and the reply was filed by the Insurance Company on 28 -.2 -75.
(3.) THE above facts would show that the Insurance Company was a ft are of the fact that the defence of the owner of the vehicle was that his driver Dhanaram was driving the vehicle. Issues were framed there after on 5 -4 -75.;