Honble PANWAR, J.–This appeal is directed against the judgment and award dated 15.1.1994 passed by Motor Accident Claims Tribunal, Barmer in Civil Misc. Case No. 3/92 whereby the Tribunal passed an award of Rs. 2,35,000/- in favour of the respondent-claimants No.1 & 2 (hereinafter referred to as ``claimants) along with interest and against the respondents No.3 and 4 who are driver and owner of the vehicle involved in the accident and against the appellant United Insurance Company Ltd. (hereinafter referred to as ``appellant).

(2). Being aggrieved by the judgment and award the appellant- insurer has preferred this appeal. Briefly stated facts which are necessary to dispose of this appeal are that a claim petition was filed by the claimants before the learned Tribunal claiming compensation for a sum of Rs. 6,10,000/- along with interest under Section 166 of the Motor Vehicles Act, 1998 (hereinafter referred to as ``the Act). It was averred that on 12.6.1991 at about 12:30 PM Babu Lal wanted to board the Nishan Truck No. RJ- 04/G0036 while Thakara and deceased Babu Lal were in process of boarding the truck, at that time the driver of the said truck respondent No.2 Piraram @ Hanumanram

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