A. L. DAVE, J. :- This appeal is preferred by the appellant to challenge the judgment and award rendered by Motor Accident Claims Tribunal (Main). Ahmedabad (Rural) in Motor Accident Claim Petition No. 412 of 1992 rendered on 12-8-1998.

2. The claim application was preferred by the heirs and legal representatives of deceased Jigishbhai N. Dalal who died in vehicular accident that occurred on 27-11992 at about 16.30 hours on National Highway No.8. near Shastri Bridge when the deceased was going in his Maruti Car No. GJ 14630 and collision took place between his car and truck No. MBN 8835.

3. The claimants claimed compensation of Rs. 25 lakhs and the Tribunal awarded compensation of Rs. 10,06,000/- in favour of the claimants from Driver, Owner and Insurer of the truck who are the appellants.

4. The First Appeal is preferred by the Insurer, Driver and Owner of the truck 'jointly against the original claimants. The cross objections are filed by the original, claimants.

4.1. It is clear from the memo of appeal. that no plea of defence under Section 149 of the Motor Vehicles Act, 1988 ('the Act' for . short) is taken or is available to the Insurer

appellant No. I of the truck and. T