1. Award passed by Motor Accident Claims Tribunal, Udhampur dated 26th of September, 2013 and the order dated 21.11.2016, whereunder an application for setting aside the ex-parte award has been rejected, are the subject matter in this appeal.

2. This case has its own chequered history. Considerable delay in final disposal of the case is totally to the disadvantage of the claimants.

3. The short controversy is, as to whether the Insurance Company is liable to indemnify the respondent No.1.

4. Respondent No.1 (claimant) in whose favour the award has been passed was a gratuitous passenger travelling in a petrol tanker, which met with an accident. Whether liability is of the insurance Company or of the owner, same question has been answered in favour of the insurance company in terms of the ex-parte award dated 26.9.2013. The owner and driver (present appellants) have been held liable to pay the award amount.

5. Brief facts of the case:

6. The accident occurred near Jakhani at Udhampur on 11.10.1994 when Tanker No. JKC-9826 in which amongst others, respondent No.1 was also travelling, who got injured. Three other co-passengers died. Four claim petitions bearing Claim Fi