1. United Insurance Company Limited, the appellant in this case, has filed the present appeal under Section 173 of Motor Vehicles Act, 1988 (for short as Act) challenging the award dated 10th September, 2007 passed by Sh.Chandra Shekhar, Judge, MACT, Delhi (for short as Tribunal).

2. The facts in brief of the present case are that on 13th June, 2006 at about 4.15 p.m., deceased Dinesh along with his wife Reeta Devi was going to Vaishno Mata Mandir, Gulabi Bagh, Delhi. At the time of crossing the road, that is, Kali Dass Marg, Vaishno Mata Mandir, Gulabi Bagh, Delhi, a speeding TSR No.DL-1RE-4701 came from the side of Chowki No.2 in a rash and negligent manner and hit the deceased Dinesh resulting in injuries. Deceased was taken to Hindu Rao Hospital, Delhi but during the day time he expired.

3. The vehicle was being driven by respondent No.3 Subhash Chander who is also the owner of the offending vehicle. Later on respondent No.3 did not appear and vide order dated 14th May, 2007 passed by the Tribunal, he was proceeded against ex parte.

4. Respondent No.3 in his written statement stated that neither he nor the vehicle in question ever involved in the accident. This