Alok Sharma, J. - (1.) This miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter 'the 1988 Act') has been filed by the appellants-non-claimants-owners of Tractor No.RJ-05/2R-2271 (hereinafter 'the owners') against the award dated 21-11-2011 passed by the learned Motor Accident Claims Tribunal Deeg in MACT Case No.86/2007 (hereinafter 'the Tribunal'), whereby the learned Tribunal while determining the amount of compensation to be paid to claimants absolved the Insurance company from its liability to pay compensation, while holding the owners of the vehicle aforesaid liable along with its driver to pay compensation to the respondent claimants (hereinafter 'the claimants'). The prayer of the owners in the appeal is that their liability to pay compensation jointly and severally be set aside as directed by the Tribunal in its award dated 21-11-2011. It has been submitted that non-claimant No.1 Veerbhan Singh, was the driver of the offending tractor No.RJ-05/2R-2271, involved in the accident of 19-4-2007, and the New India Insurance Company with whom the offending tractor was insured be held liable for payment of compensation determined by the Tribunal to the claimants. It has been prayed in the alternative that respondent No.9 the insurance company be held liable to indemnify the amount of compensation to be paid to the claimants by the owners.
(2.) Heard learned counsel for the owners and perused the impugned award dated 21-11-2011.
(3.) From the facts of the case, it transpires that in the accident of 19-4- 2007, involving tractor No.RJ-05/2R-2271 insured with the New India Insurance Company one Devendra and one Prem Singh had died. The legal representatives of Devendra, and the legal representatives of Prem Singh, who died in the accident of 19-4-2007 filed claim petitions No.86/2007 and 87/2007 under Section 166 of the 1988 Act before the Additional District and Sessions Judge No.1 Deeg District Bharatpur. On service of notice on the claim petitions, the same were opposed by the insurance company. On the pleadings of parties following issues were framed by the Tribunal:- ...[VERNACULAR TEXT OMITTED]... ;