Hasnain Massodi, J.

1. Civil First Miscellaneous Appeal on hand is directed against ex-parte award dated 26th April 2010, rendered by Motor Accident Claims Tribunal (MACT), Srinagar in a claim petition titled Ali Mohd. Bhat & Ors. v. Abid Rashid Malla & another, whereby the Tribunal has directed appellant to pay an amount of Rs. 6.47 lacs as compensation with interest at the rate of 6% per annum from the date of filing of claim petition till its final realization on account of death of Mohammad Ashraf Bhat S/o Respondent No. 1 and 2, husband of respondent No. 3 and father of Respondent No. 4 to 6. Challenge is also to Motor Accident Claims Tribunal order dated 1st June 2011, whereby the application for setting aside ex-parte award has been dismissed. The appeal arises in the following background. The appellant Abid Rashid Malla on 7th November 2009, while driving Maruti Car bearing No. JK051889, hit a horse cart (raida) at Barsoo, Ganderbal. Shri Mohammad Ashraf Bhat, owner of the horse cart was critically injured in the accident and latter on 7th May 2002, succumbed to his injuries at Sher-i-Kashmir Institute of Medical Science (SKIMS), Soura, Srinagar.

2. Sometime after the respondents were free from the last rites of the deceased, they approached Motor Accident Claims Tribunal, Srinagar with claim petition under Section 166, Motor Vehicles Act. The claim petition was registered as M.A. Claim No. 107/2002. The claimants alleged that the offending vehicle was being driven rashly and negligently by the appellant at the time of the accident. They claimed an amount of Rs. 250000/- as compensation on various counts from the appellant. The Appellant No. 2 (now deceased) was impleaded as respondent No. 2 to the claim petition. It was pleaded that the Appellant No. 2 father of appellant No. 1 was the owner of the offending vehicle.

3. The claim petition was opposed by the appellants on the ground that appellant No. 1 was declared as juvenile by the competent court and that the claim petition was not maintainable. It was disputed that Appellant No. 2 was the owner of the vehicle. The Appellant No. 2 claiming to be a police officer insisted that he did not have good relation with Station House Officer, PS Khirbawani, who falsely implicated his son-appellant No. 1 in case FIR No. 44/01; that the case was awaiting disposal before Chief Judicial Magistrate, Srinagar. The appellants denied that they were under any statutory obligation to pay the compensation to the respondents.

4. The Tribunal on going through the pleading settled following issues for determination:-

"i) Whether on 07-11-2001, Abid Rashid Mall respondent No. 1 was plying Maruti Car No. JK05 1889 rashly and negligently as a result of which at Barsoo, Ganderbal it hit Mohd Ashraf Bhat, who was pushing his horse cart up on the slope received fatal injuries and later on succumbed to the same on 07-05-2002 in SKIMS? OPP.

ii) Whether respondent No. 1 being a child and respondent No. 2 not the owner of the offending vehicle, the petition is not maintainable and is liable to be dismissed? OPR-1 and 2.

iii) Whether respondent No. 1 has been falsely implicated by SHO Khirbawani who is animus towards him? If yes, what is its effects on the merits of the petition? OPR

iv) In case issue No. 1 is proved in affirmative, to what amount of compensation the petitioners are entitled to, from whom and in what proportion? OPP

v) Relief."

The respondents adduced evidence to discharge the onus of proving issues, burden whereof was placed on them. The witnesses were cross examined by the counsel from the opposite side. However, the appellants did not adduced any evidence in rebuttal and did not contest the claim petition from 5-5-2008 onwards.

5. The Tribunal on going through the evidence and taking notice of Case FIR No. 44/01, registered in connection with occurrence at Police Station Kherbhawani held that the appellant No. 1 on the date of occurrence while driving Maruti Car rashly and neglige