(1.) HEARD learned counsel for the appellant and learned counsel for the owner of the vehicle (respondent no. 5).
(2.) THIS Miscellaneous Appeal has been filed against the judgment and award dated 23.03.2004 by which the learned Addl. Motor Accident Claims Tribunal -cum - 7th Additional District Judge, Muzaffarpur allowed Claim Case No. 265 of 2000 filed by the claimants, respondents 1st Set and directed the Insurance Company (appellant) to pay Rs. 1,57,000.00 to the claimants with interest at the rate of 9% per annum since the filing of the claim case till the realisation of the said amount.
(3.) LEARNED counsel for the appellant further submits that owner of the truck which had collided with the Jeep of respondent no.5 (opposite party No.1) in which the deceased was travelling was not impleaded in the claim case.