R.K.GAUBA, J.

1. The appellants had filed a claim petition under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 (MV Act) before the Motor Accident Claims Tribunal (the Tribunal) on 20.03.2013 which was registered as MAC petition No.31/2014(2013). The said claim petition, inter alia, alleged that Satyendra Mandal (the husband of the first appellant, son of the second appellant and father of the other appellants) was driver of the truck bearing No.UP 13Q 9364 (hereinafter referred to as “the truck”) which was involved in a motor vehicular accident that had occurred on 06.01.2013 near Bharat Gas Plant, Loni, Ghaziabad, UP with the other vehicle described as Tata 407 bearing registration No.UP 17T 4443 (hereinafter referred to as “Tata 407”) driven by Laxman (the first respondent before the Tribunal), it being owned by Raj Kumar (the second respondent before the tribunal) and insured with Shriram General Insurance Company Ltd. (third respondent before the tribunal). The Tribunal issued notices to the said respondents who appeared and contested the case.

2. The driver and owner of Tata 407 filed a joint written statement, inter alia, denying negligence on the