Order

Leave granted. The appeal is taken up for final hearing as the appellants-claimants and the respondent-Insurance Company, which is the only contesting party in this appeal, are represented by their counsel. Counsel for respective parties were finally heard.

2. The short question is whether Res­pondent 1, Insurance Company could have filed an appeal in the High Court against the award of the Motor Accidents Claims Tribunal and got the quantum of compensation reduced when the insured had not filed such appeal and when Respondent 1 Insurance Company had not moved the Tribunal under Section 170 of the Motor Vehicles Act, 1988 for getting the right to contest the proceed­ings on merits. It may be stated that the appellants filed a claim petition in 1989 before the Motor Accidents Claims Tribunal, Gulbarga for death on account of motor acci­dent of their 18-year-old son. The accident occurred on 4.9.1989. It was caused by a jeep which was owned by one Om Prakash, Respondent 2 in this appeal. The same was being driven by original Respondent 2 Chandrashekhar Pattan and the offend­ing vehicle was insured with Respondent 1, Insu­rance Company. In the claim petition though the owner and d