(1.) The appellant - Oriental Insurance Company Ltd. has preferred this appeal under Sec. 173 of the Motor Vehicles Act (hereinafter referred to as "the Act"), being aggrieved and dissatisfied by the judgement and award passed by the learned Motor Accident Claims Tribunal (Aux.), Surendranagar (hereinafter referred to as "the Tribunal") in M.A.C.P. No. 725 of 2001 on 30/11/2011.
(2.) The facts that emerge from the record are as under:-
(3.) The summons was duly served to all the opponents and the opponent Nos. 1 and 2 remained absent whereas the opponent No.3 appeared and filed a written statement at Exh.60 inter alia denying all the averments made in the petition including the involvement of the offending vehicle in the accident.