Salil Kumar Rai, J. - (1.) Heard Sri Rakesh Bahadur, counsel for the appellant and Sri Surendra Tewari, counsel for the respondent nos. 1 and 2.
(2.) In view of the office report dated 22nd December, 1999, service of notice of the appeal on respondent nos. 3 to is deemed sufficient. However, no one has put in appearance on behalf of the aforesaid respondents even though the case has been taken up in the revised call.
(3.) The present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as, 'Act, 1988) has been filed by the Insurance Company, i.e., the New India Assurance Company Ltd., Ghaziabad (hereinafter referred to as, 'the appellant') against the judgment and award dated 5th of June, 1999 passed by the Motor Accident Claims Tribunal/XIth Additional District Judge, Ghaziabad (hereinafter referred to as, 'the Tribunal') in Motor Accident Claim Petition No. 162 of 1995 awarding a compensation of Rs.2,10,000/- to the respondent nos. 1 and 2 (hereinafter referred to as, 'the claimants') and holding the appellant liable to pay the same without any right of recovery from the owner of the vehicle, i.e., respondent no. 4.;