MULCHAND DHANJI SHAH Vs. NOORDAM IRAJ AHMED

JUDGEMENT

(1.) This appeal is directed against a judgment and award in Application No.288 of 2005 dtd. 27/02/2013, passed by learned Member, Motor Accident Claims Tribunal, Mumbai (Tribunal '), whereby the compensation of Rs.3,20,000.00 was awarded under sec. 166 of the Motor Vehicles Act, 1988 ( 'MV Act ') in respect of the death of Digesh Mulchand Shah, the deceased son of the appellants-original applicants. (The parties hereinafter are referred to in the capacity, they were arrayed before the learned Member, Tribunal).

(2.) Shorn of unnecessary details, the background facts leading to this appeal can be stated as under :

(3.) The opponent Nos.1 and 2 did not appear, despite service of notice. Hence, the application proceeded ex-parte against opponent Nos.1 and 2. The opponent No.3-insurer resisted the application by fling written statement (Exh.13). The material averments in the application adverse to the interest of the insurer were denied. It was contended that the driver of the offending vehicle was not at fault and the impact occurred on account of the negligence on the part of the driver of the car.