UNITED INDIA INSURANCE CO. LTD Vs. VARUN KUMAR

JUDGEMENT

(1.) As per office report dated 11.11.2005, notice upon respondents are served but none responds on behalf of respondent Nos. 3 and 4, who are the owner and driver of the vehicle. Since the matter is quite old, as such, with the consent of the counsel for the insurance company as well as counsel for the claimants, we proceed to hear the matter finally.

(2.) Heard Sri Tarun Kumar Misra, counsel for the United India Insurance Company Ltd. and Sri Avinash Chandra, counsel for the claimants.

(3.) In both the above captioned first appeal from orders under Section 173 of the Motor Accident Claims Tribunal, the judgment and award dated 31.5.2004 passed by the Motor Accident Claims Tribunal/Special Judge (E.C. Act)/Additional District Judge, Gonda in Motor Accident Claims Petition No. 20 of 2001, has been assailed.