- (1.) This appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short, the said Act) at the the instance of the Insurance Company takes exception to the Judgment of the Motor Accident Claims Tribunal, Amravati by which the claim for compensation filed by respondent Nos.1 to 5 has been allowed.
(2.) It is the case of the respondent Nos.1 to 5 that on 07/04/2007, the four year old child of respondent Nos.1 and 2 met with an accident in front of their house while answering nature's call. Said child was hit by a truck owned by respondent No.7 and driven by respondent No.6. Appellants therefore claimed compensation of an amount of Rs.1,50,000/.
(3.) The owner and driver of the offending vehicle remained exparte. The appellant filed its written statement and took a plea that it was not liable to pay any compensation as claimed on the ground that the offending vehicle was not insured with it. It was further denied that the driver of the vehicle had driven the vehicle in a rash and negligent manner.;