ORDER :

1. The instant appeal has been preferred by the insurance company against the award dated 15.3.2016 passed by the 5th Additional Motor Accidents Claims Tribunal, Durg in Claim Case No.13 of 2013, whereby the Tribunal has awarded compensation of Rs.4,10,000 in favour of the claimants/Respondents No.1 to 3 and fastened liability to pay the compensation on the Appellant/insurance company.

2. According to the claim petition moved before the Tribunal, on 24.12.2012, Deepak Kumar Sen was standing near a road. At that time, he was dashed by a tractor bearing registration No.CG 04 DA 9953 and trolley bearing registration No.CG 04 DA 9954, which was owned by Respondent No.5 and was being driven by Respondent No.4. Due to the accident, Deepak Kumar Sen died. The claimants/Respondents No.1 to 3 filed the claim petition under Section 166 of the Motor Vehicles Act before the Tribunal. After submission of their written statement before the Tribunal, Respondents No.4 and 5, i.e., driver and owner of the offending tractor and trolley did not appear before the Tribunal and remained ex parte. In their written statement, they took a plea that no accident occurred from their vehicle and a false