GUPTA, J.—This misc. appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 18.11.1998 passed by learned MACT, Neem-ka-Thana in MAC No. 80/1996 whereby the Tribunal has rejected the claim petition of the claimants/appellants.

2. The brief facts giving rise to this appeal as alleged in the claim petition are that on 22.8.1989, mother of the appellants was coming to her village Purana Bas from Mandoli. Respondent No.3 driving the Tractor rashly and negligently, hit the mother of the appellants who died on the spot. An FIR was lodged and challan has been filed against the respondent No.3. The appellants who are sons of deceased, filed claim petition before the MACT, Neem-ka-Thana on 24.7.1996.

3. In reply to the claim petition, the respondents stated that the matter has been compromised between the parties and payment has been made to the appellants on 25.8.1989 itself and in view of the compromise, the claim petition is not maintainable. An application under Order 23 Rule 3 CPC has also been submitted in this regard and by allowing the said application, the learned Tribunal has dismissed the claim petition. Hence, this misc. appeal.

4. Heard lear

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