Heard Sri Durgesh Kumar Singh, learned counsel for the appellant.

2. Nobody appears for the respondents Satiya Devi @ Sundri Devi and others, although, the name of the learned counsel appears in the daily cause list.

3. This appeal is directed for setting aside the Judgment and Award dated 3.9.2004 and Award signed on 20.9.2004 respectively passed by Sri Prakash Chandra Jaiswal, Additional District Judge-V, Gaya-cum-Additional Motor Accident Claims Tribunal, in Motor Accident Claim Case No.23/2003/68/2001 (Satiya Devi and Others Vs. United India Insurance Company and Another) by which compensation against the appellant has been allowed.

4. It has also been prayed that owner of the truck may be ordered to pay the amount already paid by the Insurance Company.

5. It has been submitted by the learned counsel for the appellant that Rs. 50,000/- by way of adinterim compensation has been paid by the Insurance Company which may be realiesed from the owner of the truck and, accordingly, be returned to the Insurance Company.

6. Brief facts of the case are as follows:–A claim petition under Section 166 of the Motor Vehicles Act was filed by the respondents and others against the appellant see