R. Sudhakar, J.

1. This appeal is of the year 2010. Insurance Company has filed this appeal challenging the award of the Tribunal. The brief facts of the case are as follows:

"Respondent Nos. 1 to 3 have filed the petition under Section 163-A under Motor Vehicle Act (hereinafter to be referred to as the Act) before the Tribunal on account of death of Sanjeev Kumar-23 years old, who died in a road accident on 02.02.2008 at 9 PM near Khain, Udhampur when the Motorcycle bearing No. JK02AB- 931 was driven by said late Sanjeev Kumar along with Jaswinder Singh-pillion rider met with an accident duly on account of rash and negligent driving on the part of the deceased Sanjeev Kumar. Sanjeev Kumar died in the accident and Jaswinder Singh sustained injuries. It is also on record that the deceased and Jaswinder Singh had proceeded to Patnitop and on the way at Khain, NHW Udhampur, the Motorcycle skidded and the accident was caused. The FIR was lodged which is part of the record stating that the death was due to the rash and negligent driving on the part of Sanjeev Kumar."

2. The owner of the vehicle is one Ashish Podwal-respondent No. 2 before the Tribunal and he was set ex-parte as he d