UMARAM AND ORS. Vs. CHIRANJILAL AND ORS.

JUDGEMENT

(1.) WITH the consent of the parties, the appeal is being heard finally.

(2.) THE instant appeal u/s. 173 of the Motor Vehicle Act, 1988 is directed against the order of the MACT Ajmer dated 21.5.2007 passed in Claim Petition No. 599/2005.

(3.) EX parte proceedings were drawn against the non -petitioners Nos. 1 & 2. The non -petitioner No. 3 Insurance Company contested the claim petition though admitted about the insurance of the vehicle and in defence they took a plea that at the most it is a case of contributory negligence. It was pleaded that the truck driver was not having a valid driving licence at the time of accident. It was also pleaded that the owner of the car, driver of it and insurance company of the car have not been made party to the claim petition and prayed for dismissal of the claim petition.