- (1.) Heard the appeal finally with the consent of the parties.
(2.) The instant civil misc. appeal under Section 173 of the Motor Vehicles Act is directed against order of the MACT, Jaipur City, Jaipur dated 15.6.2001 passed in claim petition No. 1335/1999.
(3.) The brief facts as has been gathered on the basis of arguments advanced by the learned counsel for the parties as also the impugned order is that on 27.6.1982 at about 11.30 A.M. when deceased Kumari Santosh was walking outside her house on Kuchcha road then at that time a Tractor bearing No. U.P.P.7173 along with trolley, which was being driven by the driver in a rash and negligent manner came and hit the deceased as a result of which she died. On report received of the incident, a case No.127/1982 was registered at Police Station, Gandhi Nagar and after investigation, a challan was filed against the non-petitioner No.1 (Tractor driver) in the competent court for offence under sections 279,304A IPC. The claimants alleged in the claim petition that non-petitioner No.1 is the driver of the said tractor and non-petitioners Nos.2 & 3 are the owners and vehicle was insured with non-petitioner No.4 Insurance Company, therefore, all the four non-petitioners are responsible for payment of compensation jointly or severally. On 27.11.1999 no one appeared on behalf of non-petitioners Nos. 1, 2 & 3 Teja Ram, Shyam Singh and Smt. Saroj, therefore, ex parte proceedings were drawn against them;