Judgment

Javed Iqbal Wani, J.—The instant appeal filed by the appellant is directed against the award dated 29.09.2004, passed by the Motor Accident Claims Tribunal, Jammu (for short ‘the Tribunal’) in file No. 361/Claim whereby the injured-appellant has been awarded a sum of Rs. 5000/- with interest pendente lite till liquidation against the respondent No. 1, payable by respondent No. 3-Insurance Company. The amount of interim compensation is directed to be adjusted, accordingly.

2. The facts giving rise to the filing of the instant appeal reveals that the appellant filed a claim petition under Section 166 of the Motor Vehicles, Act for the grant of compensation for the disability suffered by him in a road accident on 24.05.1995 at Gole Pulli Near Talab Tillo, Jammu due to rash and negligent driving of the offending vehicle bearing No. JKB/7437 being driven by respondent No. 2, while hitting the scooter of the appellant being on ride with one Rajinder Kumar.

3. The Tribunal upon entertaining the claim is stated to have proceeded ex-parte against respondents 1 and 2 herein, whe