- (1.) Challenge in this appeal is to the judgment and award dated 17th November, 2003 rendered by the Motor Accident Claims Tribunal, Jhunjhunu, whereby the learned Tribunal decreed an amount of Rs. 3,27,200/- in favour of the claimants-respondents and against the non-claimants.
(2.) Background facts, in a nut shell, are thus: "That on 18th September, 2000 at about 4.30-5.00 A.M., Kesar Devi and 4-5 other women were going to a hillock for collecting fodder. When they reached near a small water pool, a jeep bearing registration No.RRT 5444, being driven by its driver negligently and at a fast speed, suddenly appeared from the direction of village Kho and hit Smt. Kesar Devi. When she was being taken to hospital, she succumbed to injuries on the way."
(3.) The claimants of the deceased Kesar Devi filed a claim petition before the learned Tribunal. The notices were issued to the non claimants No.1 to 3. The non claimants No. 1 and 2, who were the driver and owner of the offending vehicle, did not appear before the learned Tribunal despite the fact that service of notice was effected on them, as a result of which the ex-parte proceedings were drawn against them on 08.02.2001.;