- (1.) Heard Sri S.K. Mehrotra, learned counsel for the appellant and Sri B.P. Verma, learned counsel for respondent nos. 1 to 3.
(2.) In view of the office report dated 4.12.2017, notice of appeal was sent to respondent no. 4, who is the owner of the vehicle, but the same has not been received back after service. However, we have proceeded to hear the appeal without respondent no. 4 being represented by any counsel as his presence is not necessary for a decision of the appeal.
(3.) The present first appeal from order has been filed by the defendant no. 1/Insurance Company under Section 173 of the Motor Vehicle Act, 1988 against the judgment and award dated 3.12.2010 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No. 4, Mathura in Motor Accident Claim Petition No. 322 of 2010.;