PAL SINGH, J. - (1.) 1. We have heard learned counsel for the Appellant and learned counsel for the Claimants -Respondents.
(2.) THE instant appeal has been preferred by the Appellant -Insurance Company under Section 173 of Motor Vehicles Act 1988 (for short "the Act") against the judgment and award dated 27.01.2010 passed by Motor Accident Claims Tribunal / Addl. District Judge, Court No. 7, Sultanpur in Motor Accident Claim Petition No. 373 of 2008.
(3.) AS borne out from the record and hearing of the learned counsel for the parties, on 18.3.1997 at about 5.00 AM Truck No. DL1G -7341 which was being driven by the deceased Ram Awadh Yadav, aged about 45 years as its owner cum driver met with a head on collision with the Truck No. HR26 -1545 coming from opposite direction and belonging to Respondent No. 7. As a result thereof the deceased died of the injuries received therein. The widow and four children of the deceased filed the claim petition under Section 166 of the Act alleging the said accident to have been caused due to rash and negligent driving of Truck No. HR26 -1545. It appears that the owner and the driver of Truck No. HR 26 -1545 did not appear before the Tribunal to contest the claim in spite of notice, due to which the case was proceeded ex -parte against them. An application under Section 170 of the Act was moved by the Appellant on which the claim petition was allowed by the Tribunal to be contested by the appellant on all the grounds.;