Kaushal Jayendra Thaker, J. - (1.) None appears for the respondent no.4 when the matter is called out.
(2.) By way of this appeal, the appellant challenges the order dated 27.1.1995 passed by Motor Accident Claims Tribunal, Lalitpur, who partly allowed the claim petition awarding as sum of Rs. 1,81,200/- to the claimant with 10% interest per annum. This has aggrieved the Insurance company.
(3.) The brief facts are that on 15.7.1992, Salman Singh the deceased was travelling on his TVS moped along with his friend. At that time, one Truck bearing No. CPC 3991 came with a rash and negligent manner and dashed with a TVS moped. Salman Singh and Bachchan Singh died on the spot as the truck ran over them. Salman Singh was aged 22 years and was earning about Rs. 900/- per month, as he was serving as a Home-guard. He had also additional income by way of agricultural produce. The driver of the Truck was arrayed as a respondent and the owner was also arrayed. They filed their joint written statement. An averment was made that the accident did not take place on account of negligence of the driver and that he was not serving with Home-guard department. The vehicle was alleged to be insured with the appellant - Insurance company at the time of the accident. The Insurance company also contested the claim and submitted that the vehicle was being driven in breach of terms and conditions of the policy and, therefore, they would not be liable to indemnify the owner and the claimant in turn.;