Jyotirmay Bhattacharya, J. - (1.) While considering the appellants' application for final disposal of the appeal, we were requested by the learned advocates of both the parties to dispose of the appeal itself on merit after hearing them. Accordingly, the appeal itself is taken up for hearing.
(2.) Since the owner of the offending vehicle did not contest the claim case before the Tribunal, requirement of service of notice of appeal upon the owner of the offending vehicle is dispensed with on the prayer of the learned advocate appearing for the appellants. Thus, the appeal is treated as ready as regards service upon the respondents.
(3.) Let us now consider the merit of the instant appeal in the facts of the instant case.;