- (1.) This First Appeal has been filed against the judgement /award passed by the first Additional District Judge/ Motor Accident Claim Tribunal, Kheri (hereinafter referred to as 'the Tribunal') in claim petition No. 105 of 1998 Smt. Meena and Ors. v. Deepak Chatraval awarding a sum of Rs. 75,000/- (Rs. Seventy Five Thousands) as compensation with 9% interest per annum from the date of filing of the petition till the date of payment under Section 166 of the Motor Vehicle Act (hereinafter referred to as 'the Act') in favour of the respondent nos 1 and 2 and also directing the appellant to satisfy the award.
(2.) The Appeal was fixed for hearing on 09.09.2009 but none appeared on behalf of the respondents, although names of learned Counsel for the respondents are printed in the cause list so order was passed for hearing of the Appeal in ex-parte proceedings on 10.09.2009. On 10.09.2009, learned Counsel for the petitioners and respondent Nos. 3 & 4 appeared but none appeared for the respondent Nos. 1 & 2. Arguments were heard and record including the trial court was perused.
(3.) As per the petitioners' case on 28.04.1997 at about 5 :00 A.M., near village Udaynpur when the petitioners along with their son (deceased) and others were waiting for conveyance, suddenly Driver of the Truck No. USZ 4503 bringing the vehicle by driving it in rash and negligent manner and it turned tile there. Petitioners, their son and some others were standing there on the side of the road, received injuries in the accident and petitioners' son succumbed to the injuries on the spot. The vehicle was owned by the respondent Nos. 1 & 2 of the claim petition and the same was insured with respondent No. 3 i.e. United India Insurance Company. They prayed for award of compensation of Rs. 3,00,000/- (Three lacs).;