- (1.) This Misc. Appeal has been preferred by the insurance company against the judgment and award dated 11.04.2014, passed by the Motor Accident Claims Tribunal, Barmer in Motor Accident Claim Case No.170/2010 titled as Smt. Kamla & Ors. Vs. Ratna Ram & Ors., whereby learned Tribunal partly allowed the claim petition of respondents-claimants under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred as 'the Act of 1988') and awarded Rs.6,13,339/- in favour of respondents-claimants and against appellant Insurance Company and respondents No.6 and 7, i.e. driver and owner of the vehicle.
(2.) Mr. Rajesh Panwar, learned counsel puts his appearance on behalf of respondents No. 1 to 5 claimants. Both the learned counsel submitted that a short issue is involved in this appeal, therefore, the same may be decided at this stage.
(3.) With the consent of the learned counsels for the parties, the matter was heard finally. Learned counsel for the appellant insurance company submitted that respondents-claimants filed a claim petition invoking the provisions enshrined under Section 163-A of the Act of 1988, whereby the claimants are not required to plead and prove the negligence of the driver of the vehicle.;