(1.) THE appellant/Insurance Company in MVC No. 5273/2004 on the file of Court of Small Causes/Additional M.A.C.T at Bangalore city, is before this Court under Section 173(1) of the Motor Vehicles Act, 1988, praying for setting aside the impugned Judgment and Award dated 03.09.2005.
(2.) HEARD arguments.
(3.) IN spite of service of notice on Respondent No. 1, he has not entered appearance. Since Respondent No. 2 was placed exparte, notice to Respondent No. 2 in this appeal is dispensed with at the risk of the appellant.