Mahesh Chandra Sharma, J.

This appeal has been filed against the judgment and award passed by learned Judge, MACT.

2. Brief facts of the case are that on 21-6-1998 deceased Bhagwan Sahai was going along-with his companion on motor cycle to his village Surana. No sooner did he go ahead Chandwaji Petrol Pump, the respondent No. 1 had laid his truck on the road, in which neither red light was on nor indicators were put on the road, suddenly two-three vehicles came with flood light, as a result of which Bhagwan Sahai could not see the laying truck, due to which he collided with the truck and died and his companion died in the hospital.

3. Thereafter claim petition was filed; certain issues were framed and after hearing all the parties, the learned Tribunal passed the aforesaid impugned judgment and award dated 8-11-2006, awarding Rs.2,44,000/- as compensation in favour of claimants.

4. Being aggrieved by the aforesaid judgment and award, the instant appeal has been filed by the Insurance Co.

5. Learned counsel for the appellant has contended that the Tribunal has summarily dismissed the application under Order 1, Rule 10 CPC without taking into consideration the submissions made t