( 1 ) THIS is an appeal under Section 173 of Motor Vehicles Act, 1988 against the award dated 08. 07. 2004 passed by the M. A. C. T. , Delhi in MACT case no. 86/2004 whereby the claim petition of the claimants/respondent nos. 1 to 5 herein, which was initially filed under Sections 166 and 140 of the said Act and then converted into one under section 163-A, was allowed and compensation to the tune of Rs. 4,09,000/- along with interest thereon @ 9 % per annum from the date of filing of the claim petition till actual realization was awarded in favour of the claimants. The insurance company-appellant herein was held liable by the said impugned award to pay the compensation awarded to the claimants at first instance but at the same time a right was given to it to recover the said amount from the "insured" i. e. respondent no. 7 herein.

( 2 ) BRIEF facts resulting in filing of the present appeal may be summarized as follows:

a) Lekh Raj, aged 40 years, husband of respondent no. 1 and father of respondent nos. 2-5 on the intervening night of 13. 09. 1997/14. 09. 1997 while sleeping outside his house was hit by a truck bearing no. HR-26-GA-0430 driven by respondent no. 6